To get a criminal record suspension in Canada, you must complete your entire sentence and then wait a mandatory 5 years for a summary conviction or 10 years for an indictable offence. Once you apply, the Parole Board of Canada typically takes 6 to 12 months to process your file.
Having a criminal record can feel like a heavy anchor dragging down your potential. 🔒 Whether you made a mistake years ago in Hamilton or elsewhere in the country, that past conviction can stop you from getting a good job, volunteering at your child’s school, or renting an apartment. Fortunately, the Canadian justice system believes in rehabilitation.
You can apply to have your criminal record set aside, a process formerly known as a “pardon” and now officially called a “record suspension.” When granted, your record is removed from the active Canadian Police Information Centre (CPIC) database, meaning it will no longer show up on standard criminal background checks. However, navigating the rules set by the Parole Board of Canada requires precision and immense patience.
Step-by-Step Process for a Criminal Record Suspension in Canada
You do not need to hire a law firm to apply for a record suspension, though many residents choose to hire a lawyer or a specialized agency to ensure no mistakes are made. The process involves interacting with local and federal agencies.
Step 1: Obtaining Your Criminal Record from the RCMP
The very first step is to get your official criminal record. 🕵 You must visit an accredited fingerprinting agency or the Hamilton Police Service to have your fingerprints taken. These are sent directly to the Royal Canadian Mounted Police (RCMP) in Ottawa. The RCMP will then mail you a certified copy of your criminal record, which forms the foundation of your application.
Step 2: Gathering Court and Police Documents
Once you have your RCMP record, you must gather proof of your convictions and sentences. If you were convicted in Hamilton, you need to request certified court documents from the Ontario Court of Justice (often at the John Sopinka Courthouse). You must also request a “Local Police Records Check” from the police service in every city you have lived in for the past five years to prove you have stayed out of trouble.
Step 3: Submitting to the Parole Board of Canada
After compiling all court documents, proving you have paid all fines, and filling out the extensive application forms, you submit your package to the Parole Board of Canada (PBC). 📬 The PBC is the only federal agency with the authority to grant, deny, or revoke a record suspension under the Criminal Records Act.
How Much Does it Cost in Hamilton?
While the actual filing fee has been reduced in recent years, gathering the necessary documents still involves several out-of-pocket expenses. 💰 Here is an estimate of the costs a Hamilton resident can expect:
- Parole Board of Canada Fee: The official application fee charged by the federal government is currently $50 CAD.
- Fingerprinting Services: Getting your digital fingerprints taken for the RCMP usually costs between $50 and $100 CAD depending on the private agency you use.
- Court Document Fees: Requesting certified court documents from the Ontario Court of Justice generally costs around $20 to $50 CAD.
- Local Police Checks: The Hamilton Police Service charges a fee (usually around $40 to $65 CAD) to process your local records check.
- Legal Assistance (Optional): If you hire a lawyer or a pardon agency to handle the paperwork for you, their service fees typically range from $800 to $2,000 CAD.
| Expense Category | Paid To | Estimated Cost (CAD) |
|---|---|---|
| Application Fee | Parole Board of Canada | $50 |
| Fingerprints | Accredited Agency / Police | $50 – $100 |
| Document Gathering | Courts and Local Police | $60 – $115 total |
How Long Does the Process Take?
Patience is mandatory when seeking a record suspension. First, you must complete your entire sentence (including paying all fines and finishing probation). Then, you must wait the mandatory period: 5 years for a summary conviction, or 10 years for an indictable offence. Gathering your documents takes about 3 to 6 months. Once submitted, the Parole Board of Canada legally has up to 6 months to process an application for summary offences, and up to 12 months for indictable offences.
Frequently Asked Questions (FAQ)
Does a record suspension erase my criminal record completely?
No. In Canada, a record suspension does not erase or “expunge” your history. Instead, your criminal record is set aside and kept strictly separate from the active CPIC database. This means it will not show up on standard employment checks. However, the record still exists and can be reinstated by the government if you commit another crime.
Can I travel to the United States with a Canadian record suspension?
Not necessarily. The United States Customs and Border Protection (CBP) does not recognize Canadian record suspensions. If border agents have already downloaded your criminal history into their system, they will still see it even after you get a pardon. You may need to apply for a US Entry Waiver to cross the border legally.
When does my 5 or 10-year waiting period actually begin?
This is a common source of confusion. The waiting period does NOT start on the day you were convicted. It begins on the exact day you complete your entire sentence. This means the day your probation ends, the day your jail term finishes, or the day you pay your very last court fine-whichever happens last.
What happens if the Parole Board denies my application?
If the PBC intends to deny your application, they will send you a written notice. You will have a chance to provide written arguments explaining why you deserve the suspension. If they formally deny it, you must wait a full year before you are allowed to reapply.
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