Chances are if you’re looking for a criminal record removal, you either have a criminal record or you are a friend, partner or family member of someone with a criminal record. This process was called a pardon, but now has changed names to become a record suspension.
To remove a Canadian criminal record, the person with the record has to apply for the record suspension (pardon) – a process that can take up to 18 months if there are no errors or omissions on their applications and all of the supporting documentation (some certified documents and electronic fingerprinting) is available to the Parole Board of Canada when they apply. There is an eligibility process including the length of time since their conviction, the restitution is completed, and other criteria.
To be clear – it doesn’t actually remove the record but puts the convictions into a separate place that are harder to have access to. The convictions are never actually removed.
Does having an old offence and criminal record mean they can’t travel?
There is always a risk of not being allowed into other countries and having a record could ensure the person with the criminal record is not allowed – even if it was a minor offence 10+ years ago. No one wants to book a trip to the US or anywhere and find out as you’re leaving that you are inadmissible to the country because ten years ago they went on a drunken binge into an abandoned building and were convicted for break and enter.
Having a record suspension doesn’t guarantee entry either. There is another document required called a US Entry Waiver to ensure that they are admissible to other countries and it is advised to carry that with them.
You don’t necessarily have to have a criminal record to be denied either. If you have ever been arrested, given an absolute or conditional discharge they can still deny you access. Either the absolute or conditional discharge means the person does not end up with a criminal record.
What if the criminal record was for pot possession?
Click here to find out more about Cannabis Pardons (Pot Pardons)
What if they were convicted of a sex offence?
If they were convicted of a sex offence it may not be possible to receive a pardon. There are very strict measures about sex offences to protect the public from recidivism (re-offending). The best way to know for sure if they could be eligible is to contact us for a free, non-judgmental consultation. Anything to do with convicted sex offences against children is a definite no.
Where do you start the Criminal record removal process?
Read more on our PardonYou.ca website to get more information or go to the Parole Board Canada website. We offer free, confidential consultations on the specific case to ensure they are eligible.
Can you apply for a criminal record removal on behalf of someone?
In most cases no.