You’ve made a mistake in your life and it’s looming over you. You’re afraid your boss will find out, you won’t be able to travel where you want to go and it’s holding you back. You’ve proven that you are an “upstanding citizen” and you’re ready to move on. You can apply for a pardon, now called a record suspension, based on certain criteria. It’s a complicated process and it takes some time to complete.
The process to apply for a record suspension / pardon is a long, complicated and laborious one. It includes completing a measurable benefit form /sustained rehabilitation form and any errors made on the form could mean extra months in receiving it.
Things to ask yourself before applying for a pardon:
- Has enough time gone by to qualify?
- How can you prove you’re an “upstanding citizen”?
- Is your conviction pardonable?
- How much time do you have to navigate the process?
The Government of Canada states directly:
You can apply for a Record Suspension if you:
- were convicted of an offence in Canada under a federal act or regulation of Canada as an adult;
- were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.
To apply for a record suspension, you must have completed all of your sentences, which includes:
- all fines, surcharges*, costs, restitution and compensation orders;
- all sentences of imprisonment, conditional sentences, including parole and statutory release;
- any probation order(s).
Note: If you have a prohibition order, it does not need to be expired before the waiting period begins.
After completing all of your sentences, you must have completed a waiting period:
- 5 years for a summary offence (or a service offence under the National Defence Act).
- 10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).
*Victim surcharges imposed under section 737 of the Criminal Code on or after October 24, 2013 and on or before December 13, 2018 will not be considered in determining eligibility for a record suspension.
You are not eligible for a record suspension if you have been convicted of:
- a Schedule 1 Offence (offence involving a child) under the Criminal Records Act
- more than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more.
We understand. We are not here to judge. We are here to help.
After working in the criminal courts for more almost 20 years, we have the expertise to ensure your application is filled out the right way, so it doesn’t take any unnecessary time or money.
We offer a free consultation, we charge a flat fee with no hidden extras like phone calls, photocopies, etc., plus we won’t take your money if we don’t think you are able right now to qualify. We will be honest with you about your chances of receiving a pardon before taking your money.
If you are looking to apply for a pardon you can do it yourself. There is an Official PBC Record Suspension Application (It’s called a record suspension now instead of pardon).