How to Seal your Canadian Criminal Record with a Canada Pardon

Pardon Facts, Benefits & Limitations

Who is Responsible for Granting Pardons?

We provide Canada Pardon Services at our National Pardon Centre located in Calgary, Alberta.  We assist individuals with: (a) the RCMP Criminal Record Search (Form C216-C); (b) ordering of Court Documents, Military Conduct Sheet and Requests for Local Police Checks; and (c) preparation and submission of the Pardon Application and supporting documents to the National Parole Board’s Pardon Unit.  The National Parole Board (NPB) has the authority to grant, refuse or revoke a Canada Pardon pursuant to the Criminal Records Act (CRA).

What will a Criminal Record Search Reveal Once Pardoned?

Once pardoned, your criminal record will be removed from the Canadian Police Information Centre (CPIC), following which a criminal record search will reveal “no record”.  Your record becomes sealed.  It is not erased, purged or expunged—though in some cases old records for which a person has been pardoned may be purged.  The search will not disclose the fact that you have been granted a Criminal Record Pardon.  However, if you have been pardoned for a sex offence, the local police may refuse to give you a security clearance for purposes of employment involving children or vulnerable people.  Sex offenders will not receive the full benefits of a Pardon.

The Police may disclose the fact that you have a sex offence because the Pardon is granted pursuant to a Federal Act.  Courts and Police Services (excluding RCMP) are governed by provincial and municipal legislation.  Though they are not obligated to keep Pardoned files separate from other convictions, most will.  If other persons, agencies or foreign countries have details of your criminal record, they will not be asked or required to remove it.

Why Should I Apply for a Canadian Pardon?

Must I Divulge my Pardoned Criminal Record?

A Canadian Pardon seals your criminal record.  It does not erase the fact that you had a criminal record.  If asked, “Have you ever been arrested, charged, convicted or pardoned”, then the correct and truthful response is “Yes, I was convicted.  However, I have since been granted a Canadian Pardon."

Can My Pardoned File Be Disclosed?
According to the National Parole Board, “Under the CRA, only the Solicitor General of Canada has the authority to disclose information from a Pardoned record…if he is satisfied that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.  In other words, the Solicitor General may choose to disclose a pardoned file to the United States or any other country.

What are the limitations of a Pardon?

• A Pardon may not be recognized by a foreign country and may not guarantee that you will be granted entry privileges (more on traveling below);
• A Pardon does not erase the fact that you were convicted of an offence; and
• A Pardon does not return to you driving privileges or ability to possess a firearm (if prohibited from having a Drivers’ Licence or firearm).

Pardon Eligibility Criteria

Rules:

• You cannot apply for a Pardon if you have outstanding charges.
• You cannot apply for a Pardon for one offence and not another.
• You must meet all eligibility requirements for all offences.

Waiting Period:

• For Summary Offences:  3 years after your sentence has been satisfied.
• For Indictable Offences:  5 years after your sentence has been satisfied.

The date that you satisfied your sentence is the date that you satisfied your fine, victim fine surcharge, restitution, probation, incarceration, compensation order or community service. If you were given a 2-year probationary period, the date that you satisfied your sentence is the last day of your 2-year probationary period—not the date that you were discharged from probation.
Suspensions of Drivers’ Licence and ban on possessing a gun for a given period of time are not used in the calculation of waiting periods.  This means you may be eligible to apply for a Pardon even if you are still prohibited from obtaining a Drivers’ Licence or possessing a firearm.

What is the Process for Granting Pardons?

You must first apply for a Pardon.  Your criminal record is not automatically sealed after a certain period of time.  Once you have applied, you will be granted a Pardon as follows:

• Summary Offences:  The Board has confirmed that you (a) completed your 3 year waiting period; and (b) have not been convicted of any other offences since your last conviction.
• Indictable offences: The Board has confirmed that you (a) completed your 5 year waiting period; (b) have not been convicted of any other offences since your last conviction; and (c) have met the “good conduct criteria”.

Summary or Indictable?

Convictions are tried either summarily or by indictment. Some convictions are always summary (i.e. causing a disturbance) and are considered minor offences. Some convictions are always indictable (i.e. break and enter into a dwelling house, sexual assault, aggravated assault, theft over, theft from an employer, drug trafficking or cultivation) and are more serious offences.  A hybrid offence is an offence that can be tried either summarily or by indictment.

A hybrid offence is ordinarily treated as an indictable offence, unless the crown elects to treat it as a summary offence. In other words, hybrid offences can be either summary or indictable and include convictions such as theft under, mischief, and assault. To determine whether your convictions are summary or indictable, you will need to refer to your Court Document or you may contact our office at:  1-800-320-2477 ext 0 (or 1-403-229-2774 ext 0 if calling from Calgary or outside Canada) for your free consultation.

Pardon Refusals & Good Conduct Criteria

Your Canadian Pardon may be denied (there are exceptions) if one of the following occurred within the past 5 years:

If the National Parole Board proposes to deny your Pardon, you will be given an opportunity to respond in writing to the National Parole Board.  The Board will consider your written representations before making a final decision on your file.  If your application is refused, you will be able to re-apply for a Pardon one year after the date of the decision.

Processing Times — 8 to 24 months

Average processing time fluctuates—8 months to 2 years (closer to 8 months for individuals with minor records and upwards of 2 years for all other applicants).

The lengthy processing time is due to an increasing number of Canadian Pardon applications being submitted and limited government resources affecting the National Parole Board and many supporting agencies (Court Houses and Police Departments). 

Emergency Pardons — 6 months or Less

If your application qualifies as an emergency, it may be possible to have your Pardon granted in less than 6 months.  You might qualify for an emergency Pardon if you have situations related to the following:

• job offer or existing job that requires an applicant to be Pardoned
• bonding / licensing requirements
• job hunting for unemployed professionals who must admit to a criminal record when submitting a resume (i.e. some health care professionals must disclose details of their criminal record when they submit their resume and current legislation prohibits them from being hired if not Pardoned)
• graduates with an Education Degree who are applying for a Teaching License and who have indictable offences (i.e. it is the policy of some Education departments to automatically deny a Teaching License to applicants with indictable offence(s))
• school practicum which require a Pardon before placement
• adoption
• applicants requiring work visas to work in foreign countries
• applicants being appointed as Directors to public companies or Directors of companies going public

Situations That Do NOT Ordinarily Qualify for an Emergency Pardon

• ordinary job hunting when there is no evidence of a pending job offer or that a potential employer will even inquire into or request a copy of a criminal record
• peace of mind
• travel to the United States
• you are not eligible for a Pardon

Applying for an Early Pardon

Loss of opportunity is a natural consequence of having a criminal record.  The ability to apply for and receive an early Pardon (before you are eligible) is rare and does not apply to people who are suffering consequences that are to be expected.  To apply for an early Pardon you must request a MERCY OF PREROGATIVE and you must proof that the consequences of not being granted a pardon early outweigh the risk of harm to society and that the lack of opportunity you face is not ordinary—it is extraordinary and severe.

Again, contact us, if you wish to determine if you may qualify for an emergency or early Pardon.  For your free consultation, contact us at 1-800-320-2477 ext 0 (if calling within Canada) or 1-403-229-2774 ext 0 (if calling from Calgary or outside Canada). 

Conditional and Absolute Discharges

Can I Get a Pardon for a Conditional or Absolute Discharge? 

No. 

Discharges Issued After July 24, 1992

A Discharge will automatically be purged 1 year after you received an Absolute Discharge or 3 years after you received a Conditional Discharge (provided you comply with the conditions imposed).   You should request a copy of your criminal record to ensure the Discharge has been purged.  There have been instances where discharges were mistakenly registered as a conviction and were not subsequently purged after the 1 or 3-year period.

NOTE:  You may be inadmissible to the United States for having a Conditional Discharge.

Discharges Issued Prior to July 24, 1992

If you have a discharge prior to July 24, 1992, you can request in writing to have your discharge purged by contacting:

Director, Identification Services
Royal Canadian Mounted Police
PO Box 8885
Ottawa, Ontario K1G 3M8
Attn. PURGE UNIT
w. (613) 998-6158
f. (613) 957-9063

If you hire us to assist you with a Canadian Pardon for Criminal Offences, we will ensure Discharges are purged at no extra cost to you.
This excerpt is from the Canadian Criminal Code:
"730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused by discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2)."

The above paragraph indicates that there has been an admission or finding of guilt.  Even though a discharge is not a conviction, it is still evidence of guilt, and may still render a person inadmissible to the United States. 

Traveling to the United States with a Criminal Record

United States Waiver of Inadmissibility

A Canada Pardon is not recognized by the US Government. You may require a US Travel Waiver for legal entry into the United States. To determine if you require a waiver to enter the US, visit our US Waiver page for more information.

According to the National Parole Board, a Canadian Pardon is not recognized outside Canada. Specifically, they state: "Many foreign countries, including the United States (U.S.), do not recognize a Canadian Pardon. If you have a criminal record and are interested in going to the U.S., you may want to apply for an American Immigration and Naturalization Service waiver (American INS waiver)."

According to Sec. 212(a)(6)(i) of the United States Immigration and Nationality Act [8 U.S.C. 1182], misrepresentation is defined as:  "In general - Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."

According to McWhirter, R.J. (The Criminal Lawyer's Guide to Immigration Law: Questions and Answers, Alberta Bar Association: 2006, 2nde Ed., p. 261.), "denying a criminal conviction violates 18 U.S.C. § 1546."

Traveling to Other Foreign Countries with a Criminal Record

Most countries will not inquire as to whether you have a criminal record when traveling to their country unless you plan to (a) visit their country for more than 6 months; (b) immigrate to their country; or (c) obtain a work visa for their country. You will need to check the Consulate of the Country to which you are traveling to determine if your record will prevent you from entering. If your record is an obstacle, in most cases this obstacle will be removed once you obtain a Canadian Pardon. If your record is an obstacle, in most cases this obstacle will be removed once you obtain a Canadian Pardon.

Due to world events more and more countries are requiring individuals to apply for Visas—in which case, you may be required to disclose your criminal record

NOTE: if you are inadmissible to the United States, you cannot travel to a foreign country if the plane stops en-route to that foreign country via the United States unless you have a Waiver of Inadmissibility.

Obtaining a Passport with a Criminal Record

According to Passport Canada “The fact that a person has a criminal record will not necessarily prevent that person from obtaining a passport. We examine all passport applications and establish eligibility on a case-by-case basis.”  If you are pardoned or pardonable, it is unlikely that you would be denied a Canadian Passport.  Possessing a passport does not guarantee you entry privileges into another country and does not help you overcome grounds for inadmissibility.

Application Fees and Disbursements

Pardon:  $375 (our fee) + disbursements * + GST (Total price varies $472.50 and up)

• NOTE:  clients living outside Canada—add $100 to our fee.
• Full-Time Students receive a student discount of $50 + GST.

*Usual Disbursements (all disbursements are subject to change)

• Fingerprinting=$0 to $50 depending on whether you receive paper prints or digital prints and whether you are printed in our office or by a third party.
• RCMP Criminal Record=$25
• Local Police Checks=$0 to $70 each (conducted in each town/city you have lived within past 5 years)
• National Parole Board=$50
• Court Documents=if applicable, $10 to 20 each (Alberta only) or $0 for all other Provinces

U.S. Travel Waiver: $595 (our fee) + disbursements* + GST  

*Usual Disbursements (all disbursements are subject to change)

• U.S. Homeland Security=$545 U.S. for Canadians
• Fingerprinting=$0 to $50 depending on whether you receive paper prints or digital prints and whether you are printed in our office or by a third party.
• RCMP Criminal Record=$25 if you are not pardoned.  Fee=$0 if you are pardoned
• Court Documents=if applicable, $10 to 20 each (Alberta only) or $0 for all other Provinces
• Drug Testing=if applicable, $50 to $75
• Transcripts/Incarceration Reports=if applicable, the government may assess photocopies fees
• Non-Canadians=additional charges of approx. $300 may apply.

How to Apply for a Pardon

Hire a Reputable, Qualified and Experienced Company

• Debbie Ward, President of the Canadian Legal Resource Centre Inc, has assisted with thousands of successful Pardon and Waiver applications since 1987.  
• Canadian Legal Resource Centre Inc. won the 2006 Consumer Choice Awards for Business Excellence—Voted #1 Paralegal Company in Calgary.
• We are authorized Fingerprinting Agents of the RCMP “K” Division and members of the Better Business Bureau of Alberta.

To learn more about Canada Pardons, or to commence your application, please contact our office.  We have successfully assisted with thousands of Canadian Pardon Applications over the past 19 years.

Call 1-800-320-2477 for your free consultation.

 

Canadian Legal Resource Centre Inc. 319, 4014 Macleod Trail SE Calgary, Alberta T2G2R7 debbie@canadianlegal.org 1-403-229-2774 (Calgary) 1-800-320-2477 (Toll Free) 1-403-229-2724 (Fax) Hours of Operation Mon-Fri: 8am - 5pm MST Sat: 10am - 3pm MST Other: Occasional Evenings

Voted #1 Paralegal Company... more

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