Wait Times for Pardoning Unlawful Confinement Charges in Canada

Having a criminal record for a serious offence like unlawful confinement can make travelling, finding employment, or renting an apartment incredibly difficult. Because unlawful confinement involves restricting another person’s freedom against their will, the Canadian justice system treats it with high severity. If you are seeking a fresh start, applying for a federal Record Suspension is the ultimate path to clearing your name.

Generally, unlawful confinement is prosecuted as an indictable offence, which brings the strictest wait times under federal law. 🕑 The Parole Board of Canada (PBC) closely reviews applications involving crimes against the person to ensure that sealing your criminal record provides a measurable benefit to your rehabilitation and does not put society at risk. In this guide, we break down exactly how to navigate this intense review process.

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

Whether you live in Toronto, Calgary, or Vancouver, the process for sealing a federal criminal record is consistent nationwide. The Parole Board of Canada is the only federal agency with the authority to grant or deny Record Suspensions. Most applicants choose to hire a local Canadian lawyer or pardons professional to ensure their paperwork is completely error-free.

Step 1: Completing Your Entire Sentence

Before the clock even begins on your wait time, you must finish every single part of your sentence. This includes paying all fines, surcharges, and restitution, serving your full prison term, and finishing your parole or probation period. For unlawful confinement, courts often impose strict conditions, and failing to meet them will severely delay your eligibility.

Step 2: Passing the Mandatory Wait Time

Since unlawful confinement is typically pursued as an indictable offence (the Canadian equivalent of a highly serious crime), the mandatory waiting period is exactly 10 years. 📅 This 10-year clock only starts ticking on the exact day your entire sentence was officially completed. If your offence was miraculously handled as a summary conviction, the wait time would be 5 years, though this is rare for this specific charge.

Step 3: Obtaining Your RCMP Criminal Record

To begin the formal application, you must request your certified criminal record from the Royal Canadian Mounted Police (RCMP). You will need to visit an accredited local fingerprinting agency or your local police detachment. They will electronically submit your fingerprints to the RCMP in Ottawa. It is important to ask specifically for a record designed for a Record Suspension application.

Step 4: Gathering Court Information and Local Police Records

Once you receive your RCMP record, you must obtain a Court Information Form from the courthouse where your unlawful confinement case was heard (for example, the Superior Court of Justice in Ontario or the Court of King’s Bench in Alberta). After the court signs off, you must submit a Local Police Records Check (LPRC) to every single police detachment in any city or town you have lived in for the past five years. 👮

Step 5: Submitting the Application to the Parole Board of Canada

The final step is completing the PBC Record Suspension Application Form. Because unlawful confinement is a serious crime against a person, you will need to fill out a detailed Measurable Benefit/Sustained Rehabilitation form. You must clearly explain to the Board how you have changed your lifestyle, contributed to your community, and remained out of trouble. Submitting reference letters and proof of employment can heavily support your case.

How Much Does it Cost in Canada?

Applying for a Record Suspension involves several different fees, which can add up quickly. 💰 Here is a breakdown of the typical costs you can expect to pay in Canadian dollars (CAD):

• Parole Board of Canada Fee: The official federal application fee is $50 CAD.
• RCMP Fingerprinting Fee: Generally $25 CAD, plus the local agency’s service fee (usually between $50 and $85 CAD).
• Court Information Forms: Many local courthouses charge a small administrative fee, often around $20 to $50 CAD.
• Local Police Records Checks: Varies by municipality, but usually costs between $50 and $100 CAD per police service.
• Law Firm Fees: If you hire a legal professional to handle the complex paperwork, expect to pay between $800 and $2,000 CAD, depending on the complexity of your past offences.

How Long Does the Process Take?

Patience is absolutely essential when dealing with the federal government. As mentioned, you must first wait the mandatory 10-year period after your sentence expires. Once you begin the application, gathering documents from the RCMP, courts, and local police can take anywhere from 3 to 8 months.

After the Parole Board of Canada receives your complete application and accepts it for processing, federal guidelines dictate how long they have to make a decision. For indictable offences like unlawful confinement, the PBC has up to 12 months to review your file and render a final decision. 📍 Therefore, the active processing and preparation time combined usually takes about 18 to 24 months in total.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca