Applying for a Record Suspension for Break and Enter requires strict adherence to mandatory wait times. If the offence involved a “dwelling house” (residential), it is always an indictable offence requiring a 10-year wait. If it was a “non-dwelling house” (commercial) and prosecuted by summary conviction, the wait is only 5 years. The Parole Board of Canada processing fee is $50 CAD.
A conviction for Break and Enter (B&E) carries a heavy stigma in Canadian society. Under Section 348 of the Criminal Code of Canada, breaking into a property with the intent to commit an indictable offence is treated as a severe crime. Having a B&E on your criminal record can prevent you from renting an apartment, securing a mortgage, volunteering at your child’s school, or finding meaningful employment. Landlords and employers view it as a major red flag for trustworthiness and security.
Fortunately, you are not condemned to carry this burden forever. The federal government allows individuals to seal their criminal records through a Record Suspension. However, the exact timeline and process depend heavily on the specifics of the crime. The law strongly differentiates between breaking into someone’s private home versus breaking into an empty commercial warehouse. Understanding these nuances is critical before submitting your application to the Parole Board of Canada (PBC).
Step-by-Step Process: Wait Times and B&E Classifications
Before you begin gathering paperwork, you must calculate your eligibility date. Submitting an application even one day early will result in an automatic rejection and wasted time. 🔍 Here is how to determine your precise waiting period under Canadian law.
Step 1: Identify if it was a Dwelling or Non-Dwelling
The Criminal Code treats a “dwelling house” (a place where people live, such as a residential house or apartment) much more seriously than a “non-dwelling house” (a commercial store, detached garage, or warehouse). If you broke into a dwelling house, the Crown must prosecute it as an indictable offence, which carries a maximum penalty of life in prison.
Step 2: Determine Summary vs. Indictable Procedure
If your offence was in a non-dwelling house, it is a dual-procedure offence. You must look at your court records to see how the Crown proceeded. If they proceeded by summary conviction, your mandatory waiting period is 5 years. If they proceeded by indictment (which includes all dwelling house B&Es), your mandatory waiting period is 10 years.
Step 3: Start the Clock on the Correct Date
Your 5-year or 10-year waiting period does not begin on the date you were arrested or the date you were sentenced in court. The clock begins ticking only after your sentence is completely satisfied. 📅 This means every single day of jail time must be served, every day of probation must be completed, and every dollar of victim surcharges, court costs, and restitution must be paid in full.
Step 4: Obtain Fingerprints and File with the PBC
Once the exact waiting period has passed, you must obtain a certified criminal record check using electronic fingerprints from an RCMP-accredited agency. You will then compile your court documents, fill out the Record Suspension application, and submit it to the Parole Board of Canada for their legal review.
How Much Does a Record Suspension Cost in Canada?
Obtaining a Record Suspension is an administrative investment. While the primary federal fee is low, there are several associated costs you must budget for. 💰 Here is what to expect in Canadian dollars:
- Parole Board of Canada Fee: The official application fee to the government is $50 CAD.
- Electronic Fingerprinting: Having your fingerprints securely sent to the RCMP usually costs $50 CAD to $85 CAD.
- Court Document Fees: Requesting official dispositions from the courthouse costs around $15 CAD to $30 CAD per document.
- Local Police Checks: You must pay local police stations (e.g., Toronto Police Service or Calgary Police Service) a fee of $40 CAD to $75 CAD to check their local databases.
- Law Firm Fees: Retaining a lawyer to guarantee your application is flawless generally ranges from $1,000 CAD to $2,000 CAD.
How Long Does the Processing Take?
Patience is mandatory when dealing with federal bureaucracies. Beyond the 5 or 10-year legal waiting period, it will take you roughly 3 to 5 months just to collect your court and police documents across Canada. 🕑 Once the PBC receives your application, they are legally bound to service standards. For a summary conviction, they have up to 6 months to decide. For an indictable B&E conviction, the review process takes up to 12 months.
Frequently Asked Questions (FAQ)
Is Break and Enter considered a violent offence?
B&E is technically classified as a property offence. However, if a weapon was used, or if the break-in resulted in an assault against an occupant, the PBC will view the file with much higher scrutiny when determining if you have maintained good conduct.
Can I cross the US border if my B&E record is suspended?
A Canadian Record Suspension is not recognized by the United States. Break and Enter is considered a Crime Involving Moral Turpitude (CIMT) by US Customs and Border Protection. You will likely need to apply for a US Entry Waiver (Form I-192) to cross the border legally.
What if my sentence was only a fine and no jail time?
The severity of the punishment does not change the mandatory waiting period. The wait time (5 or 10 years) is strictly determined by whether the Crown proceeded by summary conviction or indictment, regardless of whether you served jail time or just paid a fine.
Will the RCMP destroy my fingerprints after the suspension?
No. A Record Suspension does not destroy or expunge your fingerprints or criminal history; it simply seals them in the CPIC database. The RCMP retains the data securely, and it can only be reopened by the Minister of Public Safety in exceptional circumstances.
What happens if I get arrested while waiting for my suspension?
If you are convicted of a new criminal offence during your 5 or 10-year waiting period, the clock instantly resets. You must finish the sentence for the new offence and start the entire waiting period all over again.
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