Record Suspension (Pardon)
At The John Howard Society of
Important note - Changes March 2012
As of March 13th, 2012 the Federal government passed Bill C-10 ("Safe Streets and Communities Act") resulting in changes to the Pardons process.
Notice of Changes to the Pardon’s Program under Bill C-10
Amendments to the Criminal Records Act (CRA) came into effect on March 13, 2012, resulting in changes to the Pardon program’s name, eligibility requirements, and waiting periods, as follows:
• The
term "pardon" is replaced with the term "record suspension";
•
The waiting period for a Record Suspension has increased
to 5 years for all summary conviction offences and to 10 years for all
indictable offences;
IMPORTANT:
Applications received on or before March 12, 2012, will be accepted for
processing as "pardon" applications under the former CRA,
as long as they are deemed to be eligible and
complete by the PBC at the time of
receipt.
All applications received as of March 13, 2012, deemed to be
eligible and complete,
and accepted for processing, will be processed as a "record suspension" under
the new CRA.
(http://pbc-clcc.gc.ca/prdons/c23b-eng.shtml)
Please refer to the Parole Board of
WHAT is a Record Suspension
(formerly known as a pardon)?
Receiving a Record Suspension means that
your judicial record of conviction is kept separate and apart from other
criminal records. This means that your convictions will not be revealed on
criminal record checks. It does not erase a criminal record.
The Criminal Record Act removes all
information about the conviction for which you received the Record Suspension
from the Canadian Police Information Centre (CPIC). Federal agencies cannot give
out information about your past convictions without approval from the Minister
of Public Safety Canada.
A Record Suspension removes
disqualifications caused by a criminal conviction, such as the ability to
contract with the federal government, or eligibility for Canadian citizenship.
If you are convicted of a new offence, the information may lead to a
reactivation of the record in the CPIC.
Some REASONS for obtaining a
Record Suspension:
•
Better prospects for employment;
•
More freedom to travel outside of
•
Less difficulty getting immigration status;
•
Reduced risk of negative impacts on child custody, visitation
and adoption;
•
Less hassle renting an apartment;
•
Improved prospects of meeting educational requirements; and
•
Greater peace of mind and self-respect.
Completing this process helps to reduce
any stigma and shame associated with past involvement in the criminal justice
system, and it will certainly provide you with a clean slate to achieve your
goals. It allows people who have made positive life changes to be freed from the
many negative impacts of having a criminal record. People have the right not to
be discriminated against because of a criminal conviction for which they have
received a Record Suspension.
WHEN can you apply for a Record
Suspension?
You can apply for a Record Suspension
after you have completed all of your sentences AND after a waiting
period.
You have completed all your sentences if
you have:
•
Paid all fines, surcharges, costs, restitution and
compensation orders;
•
Served all sentences of imprisonment and conditional
sentences, including parole or statutory release; and/or
•
Completed your probation order.
After
completing all of your sentences, you must complete a waiting period:
• 5
years for Summary Convictions (less serious)
• 10
years for Indictable Convictions (more serious)
What the John Howard Society
of
You may have seen advertisements for
companies that say they can get you a Record Suspension faster, easier, or
“guaranteed”. The truth is that it is impossible for them to speed up the
process or guarantee the outcome. The eligibility requirements and process are
the same for everyone. You do not need to pay a company or lawyer to obtain a
Record Suspension. You only need to pay the document and application fees.
Anyone can apply for a Record Suspension
on their own. However, this process can be very tedious, time-consuming and
confusing. We will work with you to assist you to obtain your Record Suspension
by helping to facilitate the collection of necessary from the RCMP, courts, and
local police. We will also help you to navigate through the application process.
We also have on-site fingerprinting services to make it more convenient for you
to begin the process.
Only once all of these documents have
been received will your application then be submitted to the Parole Board of
Canada. However, it is the Parole Board of
We uphold and maintain the integrity
of each file. We treat every file as confidential, and your information will
never be released or sold to information-collecting parties.
HOW do I apply?
The John Howard Society of
Fees*
You will be responsible to pay the cost
associated the work outlined above. The processing fee is $299.00.
In addition, clients are responsible for
the following disbursements:
|
Disbursement |
Fee |
|
Fingerprints |
$70 |
|
Court fees |
Varies |
|
Local police check(s) |
Varies |
|
Parole Board of |
$631 |
*Fees are subject to change.
Contact 416-925-4386 ext. 271 to start the
process today!
Travel Waivers
Certain criminal records may exclude you
from travel into some countries. A waiver is a document, issued by the country
to which you would like to travel to, allowing you to enter even if you do not
meet the entry requirements. For example, the United States (US) restricts entry
for people who have been convicted of certain crimes. You can find a list of
what these crimes are at www.cbp.gov.
If you have a record of one of these
crimes, you will need a Waiver of Inadmissibility to enter the
The waiver is short-term and is issued
by US Customs and Border Protection (CBP), an agency of the Department of
Homeland Security. You can apply by filling out Form I-192 and submitting the
required documents. The list of crimes, application form, and instructions can
be found on the US Citizenship & Immigration website at www.uscis.gov. The
application will need to be submitted at CBP at a Port of Entry.
The application process can take up to a
year and is expensive. The costs will depend on the types of documents you need
to submit, but the application itself is $585.00 US as of 2012.
If you have obtained a Record
Suspension, you may still need a waiver to travel to the
While the John Howard Society of
For more information, read the CBP
website at www.cbp.gov, contact your nearest
Port of Entry, or call the Pearson Airport CBP Centre at 905-676-2606.
