If you are facing deportation due to a criminal conviction inside Canada, obtaining a Record Suspension (pardon) from the Parole Board of Canada cancels the inadmissibility under Section 36 of the IRPA. The current government application fee for a Record Suspension is $50.00 CAD.
Being served with a deportation order because of a mistake made inside Canada is a terrifying experience for permanent residents and foreign nationals alike. When you are convicted of an offence on Canadian soil, the Canada Border Services Agency (CBSA) can write a report rendering you criminally inadmissible. However, Canadian law provides a mechanism for a second chance: securing a Record Suspension, historically known as a pardon.
Once the Parole Board of Canada grants a Record Suspension, the underlying criminal conviction is legally set aside. 📝 For immigration purposes, this effectively erases the foundation of your deportation order, allowing you to remain safely in Winnipeg, Edmonton, Mississauga, or wherever you call home. Because dealing with the Parole Board and immigration authorities simultaneously is highly complicated, it is highly recommended to seek guidance from a local lawyer in our directory.
Step-by-Step Process to Obtain a Record Suspension in Canada
Getting a pardon in Canada is a precise administrative process. You cannot apply immediately after walking out of court; you must serve your time and prove you have reintegrated into society as a law-abiding resident.
Step 1: Completing Your Entire Sentence
Before the clock even begins ticking on your eligibility, you must complete every aspect of your sentence. 💰 This includes finishing any jail time, completing parole or statutory release, finishing probation periods, and crucially, paying all court-ordered fines, victim surcharges, and restitution in full. The Parole Board is extremely strict about the payment of fines.
Step 2: Waiting the Mandatory Eligibility Period
Once your sentence is 100% complete, you must wait a specific number of years before applying. For a summary conviction, the waiting period is 5 years. For an indictable offence, the waiting period is 10 years. During this time, you must maintain good conduct and not acquire any new criminal charges.
Step 3: Obtaining RCMP Fingerprints and Criminal Record
You must start your application by getting a certified copy of your criminal record from the Royal Canadian Mounted Police (RCMP). 👆 You will need to visit an accredited fingerprinting agency to have your fingerprints taken and sent directly to the RCMP in Ottawa. This document proves exactly what charges are on your file.
Step 4: Gathering Court Documents and Police Checks
Next, you must contact the specific courthouse where you were convicted to obtain certified court documents showing the outcome of your case. Additionally, you must get a Local Police Records Check from every city or town you have lived in during the past 5 years. This proves you have not had any recent interactions with local law enforcement.
Step 5: Submitting to the Parole Board and Notifying IRCC
Once your extensive application package is complete, you submit it to the Parole Board of Canada alongside the $50 CAD processing fee. 🏢 Once granted, your lawyer must immediately forward the Record Suspension certificate to Immigration, Refugees and Citizenship Canada (IRCC) and the CBSA. This formally invalidates the Section 36 inadmissibility and halts the deportation proceedings.
How Much Does a Record Suspension Cost in Canada?
The primary government fee was recently drastically reduced to improve access to justice. Here is a breakdown of the typical costs (in CAD) you will encounter:
| Service / Requirement | Estimated Cost (CAD) | Who Do You Pay? |
|---|---|---|
| Record Suspension Application | $50.00 CAD | Receiver General for Canada |
| RCMP Fingerprinting Fee | $25 – $85 CAD | Accredited Fingerprint Agency |
| Local Police Records Checks | $50 – $120 CAD per city | Local Police Departments |
| Lawyer / Representation Fees | $1,500 – $3,500 CAD | Law Firm |
How Long Does the Process Take?
Gathering all your required court documents and police checks can take 2 to 6 months. Once your completed application is accepted by the Parole Board of Canada, they are bound by service standards. For an offence processed by summary conviction, the Board typically decides within 6 months. For an offence prosecuted by indictment, the processing time can take up to 12 months. If you are actively facing deportation, you must request a deferral of removal from the CBSA while waiting for the Board’s decision.
Frequently Asked Questions (FAQ)
Can I be deported before my Record Suspension is granted?
Yes. Simply applying for a Record Suspension does not automatically pause a deportation order. You or your lawyer must proactively ask the CBSA for an Administrative Deferral of Removal, proving that your pardon application is strong and currently in processing.
What happens if I cannot afford to pay my court fines?
If you do not pay your fines, victim surcharges, or restitution, your sentence is not considered complete. Therefore, your 5-year or 10-year waiting period will never begin, and you will remain permanently ineligible for a Record Suspension.
Does a Record Suspension clear my record in the United States?
No. US Customs and Border Protection does not recognize Canadian Record Suspensions. Even if your pardon cancels your deportation from Canada, you may still require a US Entry Waiver to cross the border for travel.
Can a Record Suspension be revoked later?
Yes. If you are convicted of a new criminal offence after receiving a Record Suspension, or if it is discovered that you lied on your application, the Parole Board can revoke your pardon. This could instantly reinstate your immigration inadmissibility.
Are there any offences that cannot be pardoned?
Yes. Under Canadian law, individuals convicted of severe sexual offences involving children, or those who have been convicted of more than three indictable offences each carrying a sentence of two years or more, are generally ineligible for a Record Suspension.
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