Uttering threats is a hybrid offence in Canada. Depending on how the Crown proceeded, you must wait either 5 years (summary conviction) or 10 years (indictable offence) before applying for a Record Suspension. You must strongly demonstrate sustained rehabilitation to the Parole Board of Canada (PBC) to succeed.
A conviction for uttering threats can severely derail your life. ⚠ Because this crime implies a capacity for violence or property damage, it raises immediate red flags for landlords, professional licensing boards, and employers across Canada. Whether you are seeking a career in healthcare in Alberta or corporate finance in Ontario, a violent-sounding conviction on your record can lead to immediate rejection during the screening process.
However, the Canadian justice system recognizes that people can change. The Parole Board of Canada (PBC) allows individuals to apply for a Record Suspension (formerly known as a pardon) to seal these records. Because uttering threats involves interpersonal conflict-often arising from heated domestic disputes, difficult separations involving spousal support, or temporary lapses in judgment-the PBC requires applicants to thoroughly prove that they are rehabilitated and no longer pose a risk to the community.
Step-by-Step Process for Pardoning a Threats Conviction in Canada
Clearing a conviction involving threats requires more than just filling out forms; it requires a compelling narrative of personal growth. Whether your charge originated in Vancouver, Toronto, or Halifax, the federal requirements are rigorous and exact.
Step 1: Identifying the Nature of the Conviction
Uttering threats is a hybrid offence, meaning the Crown prosecutor chose how to treat it. 🔍 If they proceeded by summary conviction, your waiting period is 5 years. If they proceeded by indictment (an indictable offence), your waiting period extends to 10 years. You must review your court documents to determine your exact eligibility timeline.
Step 2: Fulfilling All Sentences and Obligations
Your waiting period does not begin on the day you were sentenced. It begins the day your entire sentence concludes. For uttering threats, this often includes completing anger management counseling, finishing probation periods, and adhering to any no-contact orders. Every fine or victim surcharge must be paid in full to the provincial court.
Step 3: Collecting the Mandatory CPIC and RCMP Records
You must obtain a certified copy of your criminal record. 🙆 Visit an accredited fingerprinting agency in your local area to submit your fingerprints electronically to the RCMP. Once received, this document will outline exactly what the PBC will be reviewing.
Step 4: Compiling Local Police Records
The PBC wants to ensure you haven’t been involved in recent police incidents, even if they didn’t result in charges. You must obtain a Local Police Records Check from every police force in whose jurisdiction you have resided over the past 5 years (e.g., the Edmonton Police Service or the Ottawa Police Service).
Step 5: Drafting the Measurable Benefit and Sustained Rehabilitation Form
This is the most critical step for an uttering threats conviction. 📄 You must fill out the Measurable Benefit/Sustained Rehabilitation form. Because threats involve potential violence, you must clearly explain how you have changed. Providing evidence of therapy, stable employment, volunteer work, and positive community ties demonstrates to the PBC that you are a completely rehabilitated citizen.
Step 6: Filing the Application with the PBC
Assemble the forms, original court documents, police checks, and a copy of your identification. Submit the entire package along with the government processing fee to the Parole Board of Canada in Ottawa. Utilizing a law firm to structure your rehabilitation arguments can significantly improve your chances of a smooth approval.
How Much Does it Cost in Canada?
The costs for a Record Suspension involve the federal application fee plus the costs to gather local documentation. Below are the estimated costs in CAD.
| Requirement / Legal Service | Average Cost (CAD) | Details |
|---|---|---|
| PBC Application Fee | $50 | The standard federal fee required by the Parole Board of Canada. |
| Digital Fingerprinting | $50 – $90 | Paid to a local accredited agency to retrieve your RCMP record. |
| Police & Court Documents | $100 – $200 | Combined municipal and provincial fees for background checks and court files. |
| Law Firm Retainer | $1,000 – $2,500+ | Professional assistance to heavily draft the Sustained Rehabilitation arguments. |
How Long Does the Process Take?
The time it takes depends heavily on the nature of your conviction. ⏳ After the 5 or 10-year waiting period, it takes about 3 to 6 months to gather the required documents. Once submitted, the PBC takes up to 6 months to process a summary conviction and up to 12 months to process an indictable offence. Therefore, patience is essential.
Frequently Asked Questions (FAQ)
Is uttering threats considered a felony in Canada?
Canada does not use the term felony. Serious crimes are called indictable offences. Uttering threats is a hybrid offence, meaning it can be prosecuted as a less serious summary conviction or a more serious indictable offence, depending on the severity of the incident.
Will the PBC deny my application because threats are violent?
Not necessarily. While the PBC scrutinizes violent offences more closely, they frequently grant Record Suspensions for uttering threats if the applicant provides strong, well-documented evidence of sustained rehabilitation and good conduct since the sentence was completed.
Does a peace bond count as a conviction?
No. If your uttering threats charge was withdrawn in exchange for signing a Section 810 Peace Bond, you were not convicted. However, the arrest may still appear on a background check, and you may need to apply for a file destruction rather than a Record Suspension.
Can I travel to the USA with an uttering threats record?
A Canadian pardon is not recognized by U.S. border officials. Because uttering threats can be interpreted as a crime of moral turpitude, you may be denied entry to the USA and required to obtain a U.S. Entry Waiver, regardless of your Record Suspension.
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