A criminal record can affect a person’s life in a variety of ways. It can affect employment opportunities, travelling, education, immigration, and much more.
If you have a criminal record in Ontario, it is important to know that it may be possible for you to have that record sealed away by the Canadian government. This can be done by receiving what is known as a record suspension.
What is a record suspension?
The term pardon, which many people may be familiar with, was changed in 2012 to record suspension. If a person is granted a record suspension it is important to note that the criminal record is not destroyed but rather, it is hidden and will not be disclosed through a police records check.
When would I be eligible for a record suspension?
The eligibility periods for a record suspension depends on if the person was convicted of a summary offence, or an indictable offence. For a summary conviction a person would be eligible to apply for a record suspension after a 5-year waiting period, while a person convicted of an indictable offence would be eligible after waiting 10 years.
It is important to note that the waiting period does not begin until the sentence imposed by the court has been completed. There are certain scenarios in which an individual will not be eligible for a record suspension at all. This will usually occur if the person is convicted of a sexual offence against a minor.
Another scenario is if a person has 4 or more indictable convictions, with each conviction resulting in two years or more of jail time being served.
If you want to pursue a record suspension but are unsure if you are eligible, it is recommended you speak with a lawyer familiar with this type of law.
How do I get a record suspension?
In order to obtain a record suspension, the person with the criminal record can make an application to the Parole Board of Canada (PBC). It is important to note that this can be a long process and could take up to two years before an individual receives their record suspension.
The process for obtaining a record suspension can be complex, there are a number of items that need to be obtained before an application can be made to the PBC. These include:
- Your criminal record, which can be obtained through the RCMP.
- All relevant Court information, including proof of payments for any fees, fines or restitution orders.
- If you are or have been in the Armed Forces, a Military Conduct Sheet.
- Local Police Record Check, from the local police station where you live now, as well as each city or town where you lived during the last 5 years (if you lived in that place for 3 months or more).
- Copies of document to support your identity, which must be a government issued document containing an individual’s name, date of birth and signature.
After obtaining the necessary documents an individual can then file a Record Suspension Application Form and the Measurable Benefit/Sustained Rehabilitation Form with the PBC, there is an application processing fee of $50.00 CAD which will be required along with all the required documentation.
If the PBC decides to award you a record suspension, then your record will be sealed away from public view.
It is always advisable to speak with a lawyer before attempting to obtain a record suspension as it is a long and complicated process. Contact us if you have any questions!
