Applicants must meet specific eligibility requirements that are dependent on the status of the sentence that was given in court. The standard for judging conduct is somewhat subjective but it is essential that there has been no involvement whatsoever with the law.
For example, if you have been charged with a crime but found not guilty in court, the Parole Board can use that charge to show the good conduct clause has not been met. Even if you have only been questioned by the police it can be enough reason for the Parole Board to assume that you have not been of conduct. If that happens, the Board will most likely refuse to grant your pardon.
Official PBC Record Suspension Application Guide and forms
Any arrest or court appearance will result in a criminal record regardless of whether the accused was found guilty or not. The only difference is the type of record, when and where it will show and how to remove. The pardons Canada application is not the correct procedure for non-convictions so applicants should be sure they are pursuing the correct procedure. For court appearances which did not result in a conviction there are certain waiting periods that must be met before the files can be destroyed. It is important to know that it is not possible to guarantee the amount of time it will take to complete your pardon.
Most of the time required is based on the eligibility rules listed above. However, assuming that you are already eligible it will still take time to process the documentation, submit it to the Parole Board, and then wait for a response. Any company claiming otherwise should be avoided. That being said a qualified pardon services provider should be able to provide a good estimate based on previous experience.
Keep in mind that indictable offences will normally increase the amount of time the Parole Board requires to review your case. Furthermore some police stations and court houses are slower to respond to document requests that others. The following is a complete list of the steps involved in preparing a pardon application in Canada to submit to the Parole Board. There are several fees involved when completing the steps above. So please be advised that it is impossible to apply for a pardon in Canada without incurring a cost.
If you are hiring an agency or a lawyer there will also be an additional service fee. The fee listed in the final step of the pardon processing list is only the FINAL fee payable to the Parole Board of Canada and does not include any disbursement or service fees payable to the agencies involved in gathering the required documents. Once your pardon has been granted the record is sealed and kept separate from active criminal records.
When you do a criminal records search the results will be the same as if you have never had any trouble with the law. However, it is important to note that a pardon can be revoked if, for example, you have further trouble with the law. From another point of view the results of a pardon can have dramatic effects.
Our clients often report an increase in quality of life following the granting of a pardon and the removal of a criminal record. In addition barriers to immigration, travel, volunteering and more will be removed. Being granted a pardon will provide an increase in self confidence, peace of mind and the ability to apply for work and career opportunities knowing that a criminal record will not hold you back.
For information on how a pardon will affect your ability to travel see below:. Getting a pardons Canada application going with us is easy. We are happy to help. Pardons Canada: Information and answers. See Locations If you are not ready to start and you want to understand more about the pardon application process continue reading below.
Eligibility Self-Assessment Tool
Record suspension applications are processed according to the following service standards by the Parole Board of Canada:. You will not receive a reply. Skip to main content Skip to "About government".
Report a problem or mistake on this page. Please select all that apply: A link, button or video is not working. It has a spelling mistake. Information is missing. If an offender has a condition to go to counselling or do community service, or if the judge feels they need supervision, the judge will usually make the offender report to a probation officer.
Reporting is usually every week or every month, but it can be more frequent or less often. Sometimes usually after the first reporting date the judge leaves it up to the probation officer to decide how often the offender should report. A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation.
If an offender is given a fine, they will have a conviction registered against them and will have to apply for a pardon to have the fine removed from their record. A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence. This is true unless the criminal offence requires minimum jail time. A fine cannot be given on top of an absolute discharge, a conditional discharge, or a suspended sentence. If a judge is going to give the offender a fine, and the criminal offence does not have a minimum fine, the judge has to decide whether the offender can actually pay a fine.
This usually means that the judge will ask the offender questions such as: Are you working?
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Do you have children to support? Does your spouse work? To get an extension, the offender has to show that they have tried their best to pay the fine in the time they have been given. Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them. An offender has to apply for a pardon in order to have a jail sentence removed from their record.
If an offender is sent to jail for less than two years, they will go to a provincial institution such as Maplehurst Correctional Facility in Milton or the Central East Correctional Centre in Lindsay. If an offender is sent to jail for two years or more, they will go to a federal penitentiary, such as the Kingston Penitentiary. In some cases, the sentencing judge may give an offender credit for time they have spent in jail before being sentenced. This means that for every day the offender spent in pre-sentence custody, the judge reduces the jail sentence by two days.
What's included in a police record check? | Steps to Justice | Your guide to law in Ontario
For example, if the judge feels that a 45 day jail sentence is appropriate, and an offender spent 15 days in jail in pre-sentence custody, the judge may reduce the sentence that they were going to impose by 30 days, making the sentence 15 days instead of For example, if an offender gets an intermittent sentence, they may go jail on the weekends, i. This continues until the sentence is finished. For example, a judge may let an offender serve an intermittent sentence by being in jail from Monday until Friday and being out of jail on weekends.
When an offender serving an intermittent sentence is not in jail, they are on a probation order. To get an intermittent sentence, the offender will usually have to show the judge that they have a job or other significant responsibilities e. Judges are also unlikely to give an intermittent sentence to an offender that has a criminal record that includes charges such as breach of probation or fail to comply with recognizance. A conditional sentence is an imprisonment jail sentence, except that the offender serves the sentence outside of jail, under strict, jail-like conditions.
Just like imprisonment, a conditional sentence will result in a conviction being registered against the offender. To give an offender a conditional sentence, the judge first imposes a sentence of imprisonment and then considers whether to let the offender serve the sentence outside of jail. There are restrictions on when a judge can impose a conditional sentence. A judge can only impose a conditional sentence if:.