If you are convicted of assault in Markham, the charge remains on your permanent criminal record indefinitely until you are granted a Record Suspension. You must wait 5 years for a summary conviction and 10 years for an indictable offence after completing your sentence before applying to the Parole Board of Canada.
Being convicted of a violent crime like assault can place an enormous burden on your personal and professional life. Residents of Markham whose cases are processed at the Newmarket Courthouse often wonder when their mistake will finally be erased. In Canada, criminal records are maintained by the RCMP on the Canadian Police Information Centre (CPIC) database. Unlike a bad credit score, a criminal conviction does not simply disappear after a few years of good behaviour.
To remove a conviction from public visibility, you must actively apply for a Record Suspension, which was previously known as a pardon. The rules surrounding violent offences are strict, and you must satisfy specific criteria to prove you have been fully rehabilitated. Below is a detailed guide on how you can clear an assault charge from your record in Ontario.
Step-by-Step Process for Removing an Assault Record in Ontario
Whether you were charged with simple assault after a bar fight in Markham or a more serious aggravated assault, the administrative steps remain consistent. Following these steps carefully ensures the Parole Board of Canada does not reject your application due to technical errors.
Step 1: Complete Your Entire Sentence
The mandatory waiting period for a Record Suspension does not start on the day you are sentenced. It only begins the exact day you have completed every single aspect of your punishment. This includes serving any jail time, finishing your probation period, and paying all victim surcharges or restitution orders to the Newmarket Courthouse. If you owe even a $50 CAD fine, the clock has not started.
Step 2: Wait the Mandatory Period
Once your sentence is complete, you must wait out the required time without committing any new offences. For a summary conviction (a minor assault), you must wait exactly 5 years. For an indictable offence (such as assault with a weapon or causing bodily harm), the waiting period is 10 years. Applying even one day early will result in an automatic rejection.
Step 3: Gather Local Police Checks and RCMP Fingerprints
You must prove you have maintained a clean record during the waiting period. You will need to obtain a certified criminal record check using your fingerprints from a local accredited agency in Markham. Additionally, you must request a Local Police Records Check from the York Regional Police and any other police department in a city where you have lived for the past five years.
Step 4: Submit to the Parole Board of Canada
After gathering all your court documents and police checks, you must complete the official Record Suspension Application form. This package is then mailed to the Parole Board of Canada in Ottawa along with the mandatory processing fee. The Board will then review your file to ensure a suspension brings a measurable benefit to your life and does not bring the administration of justice into disrepute.
How Much Does a Record Suspension Cost?
Applying for a Record Suspension involves several administrative fees from different government agencies. While you do not strictly need a lawyer, many people choose to hire one to handle the complex paperwork.
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Parole Board of Canada Fee | The mandatory federal fee to process your application. | $50 CAD |
| Fingerprinting & RCMP Fees | Fees paid to a private agency and the RCMP to search your record. | $65 to $120 |
| Legal or Agency Assistance | Hiring a professional to gather documents and submit the application for you. | $600 to $1,500+ |
Keep in mind that local police stations, including York Regional Police, also charge a fee of approximately $60 to $80 for the local background check required in Step 3. 💰
How Long Does the Process Take?
Beyond the strict 5 or 10-year waiting period, the actual application process is lengthy. Gathering your court documents from Newmarket and getting fingerprint results can take 2 to 4 months. Once you submit the complete package to the Parole Board of Canada, they are legally required to process a summary conviction application within 6 months and an indictable offence application within 12 months.
Frequently Asked Questions (FAQ)
What if my assault charges were dropped before trial?
If your charges were withdrawn or you were found not guilty, you do not have a criminal conviction. However, the arrest record and your fingerprints still exist in the police database. Your lawyer must apply for a fingerprint destruction to completely clear your name.
Does a Record Suspension erase the assault permanently?
No. A Record Suspension seals your record from public CPIC searches, meaning employers will not see it. However, if you commit a new criminal offence, the suspension can be immediately revoked and your old assault charge will reappear.
Are the rules different for domestic assault?
While the basic waiting periods (5 or 10 years) apply, the Parole Board scrutinizes domestic violence cases very closely. You may be required to provide extra proof of rehabilitation, such as completing anger management counselling.
Can I travel to the USA with a sealed assault record?
Not automatically. US Customs and Border Protection does not recognize Canadian Record Suspensions. If they previously downloaded your record, you will likely need to apply for a US Entry Waiver to cross the border legally.
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