Pardons for Armed Robbery: Demonstrating Decades of Good Conduct

Armed robbery is considered one of the most serious violent offences in the Canadian Criminal Code. Because it involves the threat or use of violence, alongside a weapon, the federal government treats a conviction with the highest level of strictness. Having this charge on your record can severely restrict your ability to secure housing, obtain meaningful employment, or travel outside of Canada.

However, the Canadian justice system also firmly believes in rehabilitation. 🤝 If you have turned your life around, the Parole Board of Canada (PBC) will consider sealing your record. For historical violent robberies, simply waiting out the clock is not enough. You must actively demonstrate decades of good conduct, showing the Board that you are completely rehabilitated. This guide explains the specific strategies and steps required to succeed.

Step-by-Step Process for a Record Suspension in Canada

The federal process applies identically to all Canadians, whether you reside in Montreal, Halifax, or Winnipeg. Because an armed robbery application is highly sensitive, many applicants opt to retain a Canadian law firm to advocate on their behalf and manage the intense document collection.

Step 1: Satisfying All Sentence Requirements

Before you can even calculate your wait time, every component of your sentence must be satisfied. This means that your federal prison time is fully served, your statutory release or parole has expired, and every single monetary fine or victim surcharge has been paid in full. If you owe a $100 CAD fine from 15 years ago, your wait time has technically never started.

Step 2: Waiting the 10-Year Indictable Period

Armed robbery is always pursued as an indictable offence. Consequently, the legal waiting period is a strict 10 years. 🕒 You must remain completely free of any new criminal convictions or police incidents during this entire decade. The Parole Board expects to see a quiet, productive lifestyle throughout this wait.

Step 3: Obtaining RCMP Fingerprints

You must obtain a certified copy of your criminal record directly from the RCMP. Visit an accredited fingerprinting facility in your city. They will scan your fingerprints and request your record for the sole purpose of a Record Suspension. This RCMP document is the foundational piece of your application.

Step 4: Securing Court and Police Records

You need a Court Information Form from the original courthouse where your trial took place. Additionally, you must complete a Local Police Records Check (LPRC) with every municipal or provincial police force whose jurisdiction you have lived in over the past five years. For instance, if you lived in British Columbia, you might need checks from the local RCMP detachment or municipal forces.

Step 5: Proving Sustained Rehabilitation

This is the most critical step for an armed robbery pardon. You must explicitly prove to the PBC that granting your pardon provides a “measurable benefit” and that you have shown “sustained rehabilitation.” 📝 You should gather character references from employers, landlords, and community leaders. If you attended psychological counselling, addiction treatment, or anger management courses, you must include completion certificates or letters from your therapists.

Step 6: Filing the Application

Compile all official documents, your measurable benefit forms, and the federal processing fee. Ensure every page is signed where necessary and submit the physical package directly to the Parole Board of Canada in Ottawa.

How Much Does it Cost in Canada?

The financial investment to clear a serious indictable offence requires some planning. 💵 Be prepared for the following approximate costs:

• PBC Application Fee: The federal government charges a flat rate of $50 CAD.
• Fingerprinting Services: Typically around $75 to $100 CAD, combining the RCMP fee and the local agency fee.
• Court and Police Fees: Ranging from $50 to $150 CAD, depending on how many cities you have lived in.
• Lawyer Fees: Given the violent nature of armed robbery, hiring a lawyer to draft a compelling narrative of your rehabilitation usually costs between $1,000 and $2,500 CAD.

How Long Does the Process Take?

From the moment you begin gathering documents, expect to spend 4 to 8 months acquiring court records and police checks. Courts can sometimes be slow to retrieve archival files from historical robberies. 📆

Once the Parole Board of Canada accepts your application, the federal legislation states they have up to 12 months to conduct their intense review and render a decision. Therefore, you should anticipate a total processing time of about 1.5 to 2 years from the day you start.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca