If you have a criminal record, you may be wondering if you are eligible for a record suspension, also known as a pardon. A record suspension can give you a clean slate and remove barriers to employment, education, and travel. But how do you know if you are eligible for a pardon and when can you apply? We will explore the pardons / record suspensions eligibility timeline and provide you with the information you need to move forward with your pardon application.
What is a Record Suspension?
Before we dive into the eligibility timeline, let’s first define what a record suspension is. A record suspension is a legal process that removes a person’s criminal record from the Canadian Police Information Centre (CPIC) database. This means that the record will not show up on a criminal background check, giving the individual a clean slate.
A record suspension does not erase the record, but it does keep it separate and apart from other criminal records. This means that if you were to commit another crime, your previous record suspension would not be taken into consideration during sentencing.
Who is Eligible for a Record Suspension?
Not all individuals with a criminal history are qualified for a record suspension. There are certain criteria that must be met in order to be considered for a pardon. These criteria include:
- Completed sentence: You must have completed all sentences, including probation and fines, for all convictions in Canada.
- Waiting period: There is a waiting period after the completion of your sentence before you can apply for a record suspension. This waiting period varies depending on the type of conviction and sentence received.
- No other convictions: You cannot have any other convictions during the waiting period.
- Good conduct: You must have shown good conduct since the completion of your sentence.
Pardons / Record Suspensions Eligibility Timeline
The waiting period for a record suspension depends on the type of conviction and sentence received. Here is a breakdown of the waiting periods for different types of convictions:
Summary Convictions
A summary conviction is a less serious offence that is punishable by a maximum of six months in jail and/or a fine of up to $5,000. In order to receive a summary conviction, you must wait:
- 5 years for a single summary conviction
- 10 years for multiple summary convictions
Indictable Convictions
An indictable conviction is a more serious offence that is punishable by a maximum of life imprisonment. The waiting period for an indictable conviction is:
- 10 years for a single indictable conviction
- 10 years for multiple indictable convictions
Sexual Offences
For sexual offences, the waiting period is:
- 10 years for a single summary conviction
- 10 years for multiple summary convictions
Youth Convictions
Youth convictions are treated differently than adult convictions. The waiting period for a youth conviction is:
- 3 years for a single summary conviction
- 5 years for multiple summary convictions
- 5 years for a single indictable conviction
- 10 years for multiple indictable convictions
How to Apply for a Record Suspension
Once you have determined that you are eligible for a record suspension, you can begin the application process. Here are the steps to follow:
- Obtain a copy of your criminal record: You will need to request a copy of your criminal record from the Royal Canadian Mounted Police (RCMP). You can mail or do this online.
- Complete the application form: You will need to fill out the Record Suspension Application Guide and Forms, which can be found on the Parole Board of Canada’s website.
- Gather supporting documents: You will need to provide supporting documents, such as court documents and character references, to support your application.
- Pay the application fee: There is a non-refundable fee of $631.00 for a record suspension application.
- Submit your application: Once you have completed all the necessary steps, you can submit your application to the Parole Board of Canada.
How Long Does the Pardons / Record Suspensions Eligibility Timeline Take?
The pardons / record suspensions eligibility timeline can vary depending on the complexity of your case and the current backlog of applications. On average, it takes 6-12 months for a record suspension application to be processed. However, it is important to note that this timeline can be longer if there are any issues with your application or if there is a high volume of applications being processed.
Benefits of a Record Suspension
Obtaining a record suspension can have many benefits, including:
- Employment opportunities: A record suspension can remove barriers to employment, allowing you to apply for jobs without the fear of your criminal record being discovered.
- Education opportunities: A record suspension can open up opportunities for education and training programs that may have been previously unavailable to you.
- Travel: A record suspension can make it easier to travel to other countries, as many countries have strict entry requirements for individuals with criminal records.
- Peace of mind: A record suspension can give you peace of mind knowing that your criminal record is no longer visible to the public.
Conclusion
If you have a criminal record, you may be eligible for a record suspension, also known as a pardon. The Pardons / record suspensions eligibility timeline varies depending on the type of conviction and sentence received. Once you have determined that you are eligible, you can begin the application process, which can take 6-12 months on average. A record suspension can provide many benefits, including employment and education opportunities, as well as peace of mind. If you are considering applying for a record suspension, be sure to gather all the necessary information and follow the application process carefully to increase your chances of success.