In Edmonton, a shoplifting conviction (Theft Under $5,000) stays on your criminal record until you receive a Record Suspension. If prosecuted as a summary conviction, you must wait 5 years after completing your sentence to apply; for an indictable offence, the wait is 10 years.
Being caught shoplifting at a local Edmonton store, whether it is a small boutique on Whyte Avenue or a large retailer at West Edmonton Mall, can feel incredibly shameful. A momentary lapse in judgment can lead to a formal charge of Theft Under $5,000. For many Albertans, the biggest fear is how a criminal record will impact their future job prospects and ability to travel.
It is important to understand that in Canada, criminal convictions do not automatically disappear after a certain number of years. Unless you take proactive legal steps, the record of your offence will remain accessible to police and potential employers forever. Fortunately, there is a formal legal process to seal your record, allowing you to move forward with a clean slate.
Step-by-Step Process for Clearing a Shoplifting Record in Edmonton
Getting a shoplifting conviction removed from your public record involves applying for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada. Whether you live in downtown Edmonton or a surrounding area, this federal process applies to you.
Step 1: Determine How the Crown Proceeded
Shoplifting is considered a hybrid offence in Canada. This means the Crown Prosecutor in Edmonton could have treated it as either a minor summary conviction or a more serious indictable offence. 📝 You must obtain your court records from the Alberta Court of Justice to confirm how your specific case was handled, as this dictates your mandatory waiting period.
Step 2: Complete Your Entire Sentence
Your waiting period does not start on the day you were convicted. It only begins after you have completed every single part of your sentence. This includes paying all court fines, finishing any probation periods, and paying any mandatory victim surcharges or restitution to the store you stole from in Edmonton.
Step 3: Wait the Required Time Period
Once your sentence is fully complete, you must wait a specific number of years while maintaining good behaviour. For a summary conviction of Theft Under $5,000, the wait is 5 years. If the Crown proceeded by indictment, the wait is 10 years. During this time, getting charged with another offence will reset the clock.
Step 4: Apply for a Record Suspension
After the waiting period, you can apply to the Parole Board of Canada. You will need to gather your local police records from the Edmonton Police Service, get your fingerprints taken, and fill out detailed application forms. Once granted, your criminal record is kept separate and apart from public databases.
| Type of Offence | Sentence Completion | Mandatory Waiting Period |
|---|---|---|
| Summary Conviction | All fines paid, probation ended | 5 Years |
| Indictable Offence | All fines paid, probation ended | 10 Years |
| Absolute Discharge | On the date of sentencing | 1 Year (Automatic removal) |
How Much Does it Cost in Edmonton?
Applying for a Record Suspension involves several administrative fees, though it is an investment in your future earning potential.
- Federal Application Fee: The Parole Board of Canada currently charges a processing fee of $50 CAD for a Record Suspension application.
- Fingerprinting and Police Checks: Local agencies and the Edmonton Police Service typically charge between $50 and $125 CAD to provide your certified criminal record and local police checks.
- Law Firm Fees: If you hire an Edmonton criminal defence lawyer or a pardons agency to handle the complex paperwork for you, fees generally range from $800 to $2,000 CAD.
How Long Does the Process Take?
The total timeline can be lengthy. 📅 Gathering your documents from the Edmonton courts and police can take 2 to 4 months. Once the Parole Board of Canada receives your complete application, they generally take up to 6 months to process a summary conviction application and up to 12 months for an indictable offence.
Frequently Asked Questions (FAQ)
What if my shoplifting charge was withdrawn?
If your charge was withdrawn before trial (perhaps through an Alternative Measures Program), you do not have a conviction. However, the arrest record still exists. Your lawyer can apply to the Edmonton Police Service for a file destruction to erase your fingerprints and photos, usually after a waiting period of a few months to a year.
Will a Record Suspension allow me to cross the US border?
Not necessarily. US Customs and Border Protection does not recognize Canadian Record Suspensions. If they have already downloaded your criminal record in the past, you may still be denied entry and will need to apply for a US Entry Waiver.
Can an employer in Edmonton see my suspended record?
No. Once the Parole Board grants your Record Suspension, a standard criminal background check in Canada will come back clear. Employers will not see the shoplifting conviction, allowing you to apply for jobs without fear of discrimination.
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