Pardons & Record Suspensions
Calgary's Top Assault Defence Lawyers
Andre Ouellette, Mike C. Gilchrist, Peter Hoare & Sadaf Raja are Calgary-based lawyers who understand that Record Suspension impacts many areas of your life: employment, immigration, travel and even volunteer opportunities. They are pleased to offer the services of Access Legal Research to help you move on from a criminal record.
Canadian Pardons & Record Suspensions
Ouellette Hoare Claxton does not directly process Pardons, Record Suspensions or US Entry Waivers. We have over the past several years referred people with these issues to Michael J. Finner of Access Legal Research. Access Legal Research will help guide you through the Pardon/ Record suspension process, US Entry Waivers and help you move on from your criminal past. With his knowledge and experience, Michael Finner understands that Record Suspension impacts many areas of your life: employment, immigration, travel and even volunteer opportunities.
With your permission & serving as a Pardon Agency, Access Legal Research takes the steps required to process and submit your Criminal Pardon Application while also assisting with data purges, photograph & fingerprint destruction and Expert US entry waiver applications.
What is a pardon/ record suspension?
A Pardon/Record suspension permits people who were convicted of a criminal offence, but have completed their sentence and shown they are law-abiding citizens, to have their criminal record kept separate from active criminal records. Pardons/Record Suspensions are issued by the federal government of Canada under the supervision of the National Parole Board. If granted, any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were given a Pardon/Record suspension.
How Long Does a Pardon/ Record Suspension Take in Canada?
On average a period of 12-24 months for a Pardon/Record Suspension application is required to be processed and granted. However, to properly prepare the Pardon/Record Suspension application, a lengthy list of documentation is required. Gathering the required supporting documentation will usually take 3-10 months. Therefore, it is advisable to contact Access Legal Research well in advance of your eligibility date. Typically Michael Finner must acquire RCMP reports and court documents to calculate precise eligibility dates.
How do I know the length of time that must pass before I am eligible?
Application waiting periods range from ‘no waiting period’ (for not guilty entries) to 10 years for indictable convictions committed after 2010. However residents of BC and Ontario have been affected by recent pardon rulings that dramatically shorten those wait times, depending on when you were convicted.
Note: You are not eligible for a pardon/record suspension if your charge was a sexual conviction where the victim was a minor and/or if you have 4 or more indictable convictions, for which 2 years or more of jail time was served. Also, judicial orders such as a firearms or driving prohibition are unaffected by a Pardon/ Record Suspension.
How to Apply for a Pardon in Canada?
Follow the link below to apply directly to the Parole Board of Canada. In order to reduce the wait time and risk of an application being rejected, Ouellette Hoare Claxton advises that you retain the services of Access Legal Research before filing your application.
What kind of Information do I have to Submit for a Pardon/ Record Suspension?
Typically the minimum documents required would include a record of your convictions as well as full list of addresses you have lived for the past ten years.
What is the Typical Pardon/ Record Suspension processing time in Canada?
A Record suspension / pardon (normally) now takes 6 to 12 months from the time it is filed to complete/ issued.
Have the Recent Rulings by Courts in BC and Ontario changed the eligibility period for a Pardon/ Record Suspension?
Yes, if you are a Resident of BC or Ontario and committed your offence before 2010, you may be eligible for a pardon under shorter, pre-amendment guidelines: 5 years for a crime prosecuted by indictment or 3 years for a summary offence.
To determine your eligibility in BC or Ontario, use the Parole Board Eligibility Tool
How much does a Pardon/ Record Suspension Cost?
The cost of application for a Record Suspension is variable depending on the number of convictions and number of places you have lived the past ten years. The actual amount charged by the Parole Board of Canada is $631.00.
Can I travel to US once I have a Record Suspension/ Pardon?
Once a Pardon/ Record Suspension has been granted by the Parole Board of Canada, your criminal record is removed from the Canadian Police Information Center (CPIC). Removal means that customs and border officials as well as police officers can no longer see your record. In addition, your record is longer visible on APIS (Advance Passenger Information System). Thus you can arrive at US Airports without being pre-screened.
However if you were issued a Canadian Passport before your Pardon/ Suspension, it may have a link to your FingerPrint Section Number embedded in the code. It is therefore advised that you obtain a new Passport (NOT A RENEWAL) once your Pardon/ Suspension has been granted.
Also, the internal records of an individual Municipal or local area detachments where you were arrested (usually an internal PIRS or PROS system) may still be accessed IF you were to re-arrested in a certain jurisdiction.