If your criminal court records have been purged due to standard retention limits, the Parole Board of Canada requires a formal "No Record" letter from the courthouse accompanied by a sworn affidavit. Swearing this document before a Canadian Notary Public or Commissioner of Oaths typically costs between $30 and $80 CAD.
When compiling a Record Suspension (pardon) application in Canada, obtaining accurate court documents is a mandatory step under the Criminal Records Act. 📚 However, many applicants encounter a significant roadblock: they visit their local courthouse only to be told that their historical files have been destroyed. Because summary convictions and minor indictable offences from decades ago take up physical space, Canadian courts routinely purge old files according to their provincial retention schedules.
If the court no longer has proof of your conviction, the Parole Board of Canada (PBC) will not simply take your word for it. To bridge this gap in the legal record, the federal government requires you to provide a formalized legal substitute. This substitute involves obtaining official written confirmation that the court has destroyed the records, followed by drafting and swearing an affidavit declaring the details of your past offences. While this sounds intimidating, it is a routine procedure handled by legal professionals across the country.
Step-by-Step Process for Handling Purged Court Records in Canada
You must follow the strict evidentiary guidelines set out by the Parole Board of Canada. 📝 Failing to provide an adequately sworn affidavit will result in your application being returned as incomplete, delaying your freedom from a criminal record.
Step 1: Request Official Court Documents
Begin by taking your RCMP Certified Criminal Record to the courthouse where your case was originally heard (e.g., the Ontario Court of Justice, or the Provincial Court of Alberta). Submit a Court Information Form requesting the details of your specific charges, dates, and dispositions. You must make a genuine attempt to get the official documents before claiming they are lost.
Step 2: Obtain a Written Confirmation of Purged Files
If the court clerk discovers that the retention period has passed and the files were destroyed, you must ask them for a formal letter or a stamp on the Court Information Form stating "No Record," "Purged," or "Destroyed." 📄 This document must be signed or stamped by a court official. The Parole Board will not accept an affidavit unless it is accompanied by this physical proof that the court cannot provide the records.
Step 3: Draft Your Sworn Affidavit
Next, you must draft a legal affidavit. This document must list, to the best of your knowledge, the specific details of the purged offences. You need to write down the date of the offence, the nature of the charge (e.g., summary conviction for theft under $5000), the exact court location, and the sentence you received (such as a $200 fine or 30 days in jail). Be as truthful and accurate as your memory allows.
Step 4: Swear the Oath Before a Legal Professional
An affidavit is not legally binding until it is sworn or affirmed. You must take your drafted document to a Notary Public or a Commissioner of Oaths. ⚖ In Canada, most lawyers, paralegals, and municipal clerks hold this designation. You will present your photo ID, swear an oath on a religious text or make a solemn affirmation that the contents are true, and watch the professional sign and seal the document.
Step 5: Submit the Package to the Parole Board
Compile your completed Record Suspension application. Ensure you attach the RCMP record, the "No Record" letter from the courthouse, your original sworn affidavit, and your Local Police Records Check. Mail the entire package, along with the federal processing fee, to the Parole Board of Canada in Ottawa.
How Much Does it Cost to Swear an Affidavit?
Acquiring substitute documents for purged records will add a small amount to your overall Record Suspension expenses. 💰 Here are the estimated costs in Canadian dollars (CAD):
| Service | Estimated Cost (CAD) | Description |
|---|---|---|
| Court Information Request | $0 to $20 | Some municipal courthouses charge a minor search fee, while others provide purged letters for free. |
| Notary Public / Commissioner | $30 to $80 | Fee to witness your signature and apply their official legal seal to your affidavit. |
| Lawyer / Paralegal Drafting | $100 to $250 | Optional cost if you hire a law firm to write the affidavit in proper legal language for you. |
How Long Does the Process Take?
Waiting for a courthouse to search their archives can take time. ⏳ Depending on the province and the size of the city, courts usually take between 2 to 6 weeks to issue a formal "No Record" or "Purged" letter. Once you have that letter in hand, drafting the affidavit and getting it notarized can be completed in a single afternoon. Therefore, expect a delay of about a month in your overall application timeline.
Frequently Asked Questions (FAQ)
What happens if I lie on the sworn affidavit?
Lying on an affidavit is a severe criminal offence in Canada known as perjury. If the Parole Board discovers you intentionally hid an indictable offence or falsified your sentence, your Record Suspension application will be denied, and you could face new criminal charges.
Can a police officer commission my affidavit?
In some jurisdictions, senior police officers or desk sergeants are designated as Commissioners of Oaths. However, it is generally faster and easier to visit a local law firm or a dedicated Notary Public to have the document sealed.
Do I need an affidavit if my Local Police Records are purged too?
The Local Police Records Check (LPRC) is a separate form. If the local police department has purged your historical arrest files, they simply check the box indicating no local records exist. You only need the affidavit for the court's disposition records.
Will the Parole Board definitely accept my affidavit?
Generally, yes. As long as you follow the rules, include the court's written confirmation of destruction, and ensure the affidavit is properly notarized by a Canadian official, the Parole Board processes these routinely.
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