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Find a Lawyer » Canada Legal Guides » Federal Criminal Law Canada » Federal Pardons & Record Suspensions Canada » Page 4

⬅️ Federal Criminal Law Canada📍 Federal Pardons & Record Suspensions Canada

Federal Pardons & Record Suspensions Canada

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Welcome to the Canada Federal Pardons & Record Suspensions guide centre. Here you will find comprehensive resources covering everything from navigating waiting periods to dealing with the Parole Board of Canada, based on current federal regulations.

Overview of Federal Pardons & Record Suspensions in Canada

A criminal record can be a heavy burden, affecting your ability to find employment, secure housing, or volunteer in your community. In Canada, a “record suspension” (formerly known as a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records.

This process is entirely federal and governed by the Criminal Records Act. Once granted by the Parole Board of Canada, your record is removed from the Canadian Police Information Centre (CPIC) database, meaning a standard background check will no longer show your past convictions.

Common Legal Issues We Cover

Navigating the post-conviction landscape involves several complex steps. Our resources address many common topics, including:

Local Legal Context & Agencies in Canada

Even though applying for a record suspension is a federal process managed in Ottawa, you will need to interact with several local and provincial agencies to gather your necessary documentation. For instance, you must obtain court documents directly from the courthouse where your matter was originally heard, whether that was the Superior Court of Justice in Ontario, the Court of King’s Bench in Alberta, or the Supreme Court of British Columbia.

Additionally, local police checks are a mandatory step in the application. You will need to request Local Police Records Checks from every municipality you have lived in over the past five years, meaning you might need to interact directly with the Calgary Police Service, local RCMP detachments, or other regional police departments.

Professional Legal Help & Federal Agencies

The application process for a record suspension is rigorous, demanding strict attention to detail and precise documentation. Attempting to navigate the paperwork and legal requirements on your own can lead to costly mistakes, returned applications, or even a denial by the Parole Board of Canada. We always recommend seeking the guidance of a qualified legal professional to ensure your application is flawless and your rights are protected.

You can find a list of relevant local lawyers and government agencies at the top of this page. Working with an experienced lawyer or legal representative can give you peace of mind, simplify interactions with local courts, and significantly reduce the stress of clearing your past.

Frequently Asked Questions (FAQ)

What is the difference between a pardon and a record suspension?

In 2012, the Canadian government officially changed the term “pardon” to “record suspension.” They generally mean the same thing, but the new term was introduced to reflect that a criminal record is set aside from public databases, rather than erased or forgiven entirely.

How long is the waiting period to apply for a record suspension in Canada?

The waiting period depends on how the Crown proceeded with your charges. Typically, it is five years for a summary conviction offence and ten years for an indictable offence. This waiting period only starts after you have fully completed all parts of your sentence, including paying fines and finishing probation.

Will a Canadian record suspension guarantee my entry into the United States?

No, it will not. US Customs and Border Protection does not recognize Canadian record suspensions. If you have a criminal record on file, even if it has been suspended in Canada, you may still be denied entry and will likely need to apply for a US Entry Waiver to cross the border legally.

Can a record suspension be revoked once it is granted?

Yes. The Parole Board of Canada has the authority to revoke your record suspension if you are convicted of a new criminal offence, if you are found to no longer be of good conduct, or if it is discovered that you provided false or misleading information on your application.

How much does it cost to apply for a record suspension?

The Parole Board of Canada charges a standard federal application fee to process your file. However, you must also budget for the costs of mandatory RCMP fingerprinting, obtaining certified court records, requesting local police checks, and any legal fees if you choose to hire a lawyer to assist you.

Do I need a record suspension if my charges were withdrawn or dismissed?

If you were never formally convicted, you do not need a record suspension. However, the arrest record, photographs, and fingerprints may still exist in the RCMP and local police databases. To have these removed, you will need to apply for a file and fingerprint destruction, which is a different process.