A conviction for trespassing at night is typically a summary conviction in Canada. To clear it from your record, you must wait 5 years after completing your sentence to apply for a Record Suspension (formerly a pardon) through the Parole Board of Canada (PBC), which currently requires a $50 CAD processing fee.
Having a criminal record for trespassing at night can be incredibly frustrating. 🏢 Often resulting from a youthful mistake or a misunderstanding, this minor offence can haunt your professional life for years. In Canada’s competitive corporate landscape, major employers in cities like Toronto, Vancouver, and Calgary routinely conduct rigorous background checks before hiring. A trespassing charge can unfairly label you as a security risk, causing HR departments to automatically filter out your resume.
Fortunately, the Canadian justice system provides a legal pathway to seal this record. By obtaining a Record Suspension, your criminal record is removed from the active Canadian Police Information Centre (CPIC) database. This means that a standard employment background check will come back clean, allowing you to rebuild your career in Ontario, Alberta, or anywhere else in the country without the shadow of a past mistake.
Step-by-Step Process for a Record Suspension in Canada
Whether your conviction happened in a small town in Nova Scotia or right in downtown Montreal, the process to clear your record is strictly federal and managed by the Parole Board of Canada. It involves gathering extensive documentation from local police detachments and provincial courthouses.
Step 1: Completing Your Sentence and Fines
Before the clock even begins to tick on your waiting period, every single aspect of your sentence must be satisfied. 💰 This includes paying off all victim surcharges, court fines, and restitution. If you were convicted in Ontario and forgot to pay a $100 CAD fine, your eligibility period will not start until the day that specific fine is paid in full to the court.
Step 2: Finishing the Mandatory Waiting Period
Trespassing at night (under section 177 of the Criminal Code) is generally treated as a summary conviction. Under current Canadian law, you must wait 5 full years from the date you completed your sentence (including probation and fines) before you can submit your application. Applying even one day early will result in an automatic rejection by the PBC.
Step 3: Obtaining RCMP Fingerprints
To begin the paperwork, you must get your fingerprints taken at an accredited agency or a local police station. 🙆 You will request a specific criminal record check for the purpose of a Record Suspension. The RCMP in Ottawa will process these fingerprints and mail you a certified copy of your criminal record, which serves as the foundational document for your entire application.
Step 4: Requesting Court Documents
You must contact the exact courthouse where your case was heard. For instance, if you were convicted at the Calgary Courts Centre in Alberta, you must have the court clerk fill out the official Court Information Form. If the courthouse has destroyed the records due to their age, the clerk must provide a formal letter stating that the records no longer exist.
Step 5: Gathering Local Police Records
In addition to the federal RCMP check, you must obtain a Local Police Records Check from every city or municipality you have lived in for the past 5 years. 🔍 If you lived in Vancouver and later moved to Toronto, both the Vancouver Police Department and the Toronto Police Service must fill out their respective sections to prove you have not been involved in any recent local incidents.
Step 6: Submitting to the Parole Board of Canada
Once all documents are collected, perfectly dated, and the application forms are completed, you will mail the package to the PBC. Many applicants choose to hire a Canadian law firm to meticulously review the package, as even a minor typographical error or a missed signature can cause the application to be returned, delaying the process by several months.
How Much Does it Cost in Canada?
While the federal processing fee was recently reduced, gathering all the mandatory documents involves various provincial and municipal costs. Below is a breakdown of the typical expenses in CAD.
| Service / Requirement | Average Cost (CAD) | What is Included |
|---|---|---|
| Parole Board of Canada Fee | $50 | The official federal processing fee for the Record Suspension application. |
| RCMP Fingerprinting | $50 – $85 | Digital fingerprinting at an accredited local agency. |
| Local Police Records Check | $50 – $120 | Municipal fees charged by local police departments per address history. |
| Court Document Fees | $20 – $50 | Administrative fees charged by the provincial courthouse to retrieve old files. |
| Lawyer / Law Firm Retainer | $800 – $1,500+ | Professional legal assistance to gather documents and draft the application. |
How Long Does the Process Take?
Gathering the necessary documents from courthouses and police stations typically takes between 3 to 6 months, depending on the province. ⏳ Once the Parole Board of Canada officially accepts your complete application, their service standard dictates that they will process a summary conviction application within 6 months. Therefore, the entire administrative timeline usually spans 9 to 12 months after your waiting period has expired.
Frequently Asked Questions (FAQ)
Is trespassing at night an indictable offence?
Generally, no. Loitering or trespassing at night is treated as a summary conviction under the Canadian Criminal Code, which is considered less severe than an indictable offence and carries a shorter 5-year waiting period for a pardon.
Will this record prevent me from travelling to the USA?
It might. U.S. Customs and Border Protection (CBP) does not recognize Canadian Record Suspensions. If the USA already downloaded your CPIC record before you received your pardon, you may still need to apply for a U.S. Entry Waiver to cross the border safely.
Can an employer see my suspended record?
No. Once the PBC grants your Record Suspension, the conviction is segregated from the active CPIC database. A standard corporate criminal record check will show no results, allowing you to confidently apply for jobs.
Do I absolutely need a law firm to apply?
No, you are not legally required to hire a lawyer to apply for a Record Suspension. However, the paperwork is dense, and courthouses can be uncooperative. Many Canadians prefer using a legal representative to ensure no frustrating delays occur.
What happens if I apply before my 5-year wait is over?
The PBC will automatically return your application and you will lose time. It is crucial to calculate the exact date your sentence (including all fine payments) concluded before starting the process.
Leave a Reply