A conviction for “taking a motor vehicle without consent” (often called joyriding) can prevent you from securing employment in the logistics, delivery, and transportation sectors. To seal this record, you can apply for a Record Suspension from the Parole Board of Canada after completing a mandatory waiting period of either 5 years (for a summary conviction) or 10 years (for an indictable offence). The government application fee is $50 CAD.
Joyriding is often perceived as a youthful mistake, a poor decision made on a Friday night that spirals out of control. Under Section 335 of the Criminal Code of Canada, the legal term is “taking a motor vehicle or vessel without consent.” While it might not seem as severe as grand theft auto, having this conviction on your RCMP file carries devastating, long-term consequences. In today’s gig economy, a criminal record for joyriding will instantly disqualify you from lucrative opportunities with companies like Uber, Amazon Logistics, or obtaining a commercial trucking licence.
Fortunately, Canadian law believes in rehabilitation. Once you have served your time and proven that you are a law-abiding citizen, you have the legal right to apply for a Record Suspension. This process, administered by the Parole Board of Canada (PBC), will permanently seal your criminal file from the CPIC database, allowing you to pass standard employment background checks and get your career back on track. Here is exactly how to navigate the process.
Step-by-Step Process for Sealing a Joyriding Conviction in Canada
Applying for a Record Suspension is a meticulous, paper-heavy process. The PBC will reject your application if a single form is missing or if a date is calculated incorrectly. 🔍 A Canadian law firm or dedicated pardon service can help, but here are the core steps you must follow.
Step 1: Determine the Crown’s Procedure
First, you must determine how the Crown prosecutor handled your case. Joyriding is a “hybrid” or dual-procedure offence. If the Crown prosecuted it as a summary conviction (the less serious route), your mandatory waiting period is 5 years. If the Crown proceeded by indictment (for more severe cases involving damage or repeat offences), your waiting period extends to 10 years. You can find this information on your official court records.
Step 2: Complete the Mandatory Waiting Period
The 5-year or 10-year clock does not start on the day you were arrested. The clock only starts ticking on the exact day your entire sentence is completed. This means you must have finished all probation periods, paid all victim surcharges and court fines, and served any jail time or house arrest. If you paid a $500 fine three years late, your waiting period is delayed by three years.
Step 3: Gather Court and Police Documents
You must obtain a certified criminal record by getting electronic fingerprints taken at an RCMP-accredited agency. Next, you must contact the specific courthouse where you were convicted (whether it was the Ontario Court of Justice in Toronto or the Provincial Court in Alberta) to obtain the “Court Information” documents. Finally, you need a Local Police Records Check from every municipal police station in the cities you have lived in over the past 5 years.
Step 4: Submit the Application to the PBC
Once your paperwork is perfectly compiled, you submit the official Record Suspension Application form to the Parole Board of Canada along with the $50 CAD processing fee. The PBC will review your file to ensure you have been of “good conduct” during your waiting period before officially sealing the record.
How Much Does a Record Suspension Cost in Canada?
While the federal fee was recently reduced, there are still several administrative costs required to gather your evidence. 💰 Here is a breakdown of the standard costs in Canadian dollars:
- PBC Application Fee: The official government fee is $50 CAD.
- RCMP Fingerprinting: Typically costs between $50 CAD and $85 CAD depending on the private agency.
- Court Documents: Courthouses generally charge between $10 CAD and $30 CAD per certified document.
- Local Police Checks: Local precincts usually charge $30 CAD to $75 CAD for a background check.
- Legal Assistance: If you hire a lawyer or a pardon agency to handle the complex paperwork, expect to pay between $800 CAD and $1,500 CAD in professional fees.
How Long Does the Process Take?
Reclaiming your clean record requires patience. Beyond your 5-year or 10-year legal waiting period, compiling the paperwork from local courts and police stations can take 3 to 6 months due to administrative backlogs. 🕑 Once the Parole Board of Canada receives your complete application, federal service standards dictate that they must process a summary conviction in up to 6 months, and an indictable offence in up to 12 months.
Frequently Asked Questions (FAQ)
Is joyriding the same as motor vehicle theft?
No. Theft of a motor vehicle (Section 334) implies an intent to permanently deprive the owner of the vehicle. Joyriding (Section 335) involves taking the vehicle without consent but without the intent to steal it permanently. Both, however, result in criminal records.
Will Uber hire me after my record is suspended?
Generally, yes. Once your Record Suspension is granted, the RCMP removes the conviction from the CPIC database. When Uber or Amazon runs a standard background check, it will come back clear, allowing you to pass their screening process.
Does a Record Suspension clear my provincial driving record?
No. A federal Record Suspension only seals your criminal record. It does not erase highway traffic offences or driving suspensions listed on your provincial driver’s abstract (e.g., with ServiceOntario or ICBC). Those clear over time based on provincial rules.
What if I was convicted under the Youth Criminal Justice Act?
If you were convicted as a youth, your record is typically sealed automatically after a specific period (usually 3 to 5 years after the sentence ends), provided you do not re-offend as an adult. You generally do not need to apply for a formal Record Suspension.
Can the Parole Board refuse my application?
Yes. Even if you complete the wait time, the PBC can refuse your application if they determine you have not maintained “good conduct” or if sealing your record would bring the administration of justice into disrepute. Having a lawyer draft your application helps mitigate this risk.
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