A conviction for Obstructing a Peace Officer stays on your CPIC record permanently unless you apply for a Record Suspension. To clear it, you must wait 5 years for a summary conviction or 10 years for an indictable offence. Once granted by the Parole Board of Canada (for a $50 CAD fee), the record is sealed, allowing you to pass background checks for security and government jobs.
Having a charge of Obstructing a Peace Officer (or Resisting Arrest) on your criminal record can be incredibly damaging to your career. In Canada, this offence signals to potential employers that you have a history of non-compliance with authority. For individuals seeking careers in the security industry, healthcare, or government services, this specific charge on a Canadian Police Information Centre (CPIC) background check is an automatic disqualifier. The only legal way to overcome this hurdle is to apply for a federal Record Suspension.
A Record Suspension, historically known as a pardon, legally seals your criminal record from public view. 📜 It proves to society that you have rehabilitated and have been a law-abiding citizen for a significant period. The process requires meticulous document gathering from the RCMP and local courts. Because missing a single piece of paper can cause the Parole Board of Canada to reject your file, many Canadians choose to hire a local lawyer or reputable pardon agency from our directory to manage the application.
Step-by-Step Process for Sealing an Obstruction Charge in Canada
Whether your altercation with the police happened in Calgary, Montreal, or Ottawa, the rules for sealing the record are governed federally under the Criminal Records Act. You must complete these steps in the correct order to ensure success.
Step 1: Satisfy the Sentence and Calculate Wait Times
Your waiting period does not begin on the day you were arrested or convicted; it begins on the exact day your sentence is complete. ⌛ If you were ordered to pay a $500 fine and serve 12 months of probation, your wait time begins the day probation ends and the fine is fully paid. For Obstructing a Peace Officer, the wait time is 5 years if the Crown prosecuted it as a summary conviction, or 10 years if prosecuted as an indictable offence.
Step 2: Obtain RCMP CPIC Records and Court Dispositions
You must prove to the Parole Board exactly what is on your record. Visit a local accredited fingerprinting agency to send your fingerprints to the RCMP in Ottawa. They will mail you your certified criminal record. Next, you must contact the specific courthouse where your trial or plea took place to obtain the official Court Information and Proof of Payment documents.
Step 3: Complete Local Police Checks
The federal government wants to ensure you have not had any recent negative interactions with local police that didn’t result in a CPIC entry. 🚨 You must obtain a Local Police Records Check from the police service of every city you have lived in during the past 5 years. For example, if you lived in Mississauga and Edmonton, you need checks from both the Peel Regional Police and the Edmonton Police Service.
Step 4: Draft the Sustained Rehabilitation Form
This is a crucial written component. You must explain to the Parole Board how obtaining this Record Suspension will provide you with a “measurable benefit” (such as getting a security guard license) and detail your sustained rehabilitation. A lawyer can help you draft a compelling letter showing that the obstruction incident was an isolated mistake of your past.
How Much Does it Cost in Canada?
Budgeting for your Record Suspension is important, as the fees are paid to multiple different agencies along the way. All costs must be paid in Canadian dollars (CAD).
- Parole Board of Canada (PBC) Fee: $50 CAD to submit the final application.
- Digital Fingerprinting: Usually costs between $50 and $85 CAD.
- Court Documents: Most courthouses charge a search and print fee of $20 to $50 CAD.
- Local Police Checks: Varies by municipality, typically $30 to $70 CAD each.
- Law Firm / Pardon Agency Fees: Professional assistance to ensure the application is flawless usually ranges from $800 to $1,800 CAD.
How Long Does the Process Take?
Once you are eligible to apply, gathering the necessary documents takes about 3 to 6 months, largely depending on how fast your local courthouse and police stations process document requests. 📅 After you mail the completed package to the Parole Board of Canada, federal processing standards apply. The PBC will process a summary conviction application within 6 months, and an indictable offence application within 12 months. Overall, expect a 1-year journey.
Frequently Asked Questions (FAQ)
Can I become a security guard with an obstruction charge?
Generally, no. Provincial security licensing bodies (like in Ontario or Alberta) run mandatory criminal background checks. A conviction for Obstructing a Peace Officer will usually disqualify you until you receive a formal Record Suspension.
Is Resisting Arrest the same as Obstructing a Peace Officer?
Yes, under Section 129 of the Criminal Code, resisting arrest and obstructing a public officer fall under the same legal category and carry the same wait times for a Record Suspension.
What if I received a Conditional Discharge?
If you were granted a Conditional Discharge, you do not need to apply for a Record Suspension. The RCMP automatically purges a conditional discharge from CPIC 3 years after your probation finishes.
Will this charge appear on a Vulnerable Sector Check?
Before a pardon, yes. However, once your Record Suspension is granted, the obstruction charge is sealed. It will not appear on standard background checks or Vulnerable Sector Checks, as it is not a sexual offence.
Can the Parole Board deny my Record Suspension?
Yes. The Parole Board can deny an application if they feel you have not demonstrated rehabilitation, if you have outstanding fines, or if your local police checks show recent concerning behaviour. Having a lawyer review your file minimizes this risk.
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