Pardons in Canada

If you’re looking to get a pardons Canada criminal record suspension, there are a few things you should know. In Canada, pardons are not a form of forgiveness. Furthermore, the granting of a pardon does not imply that the crime did not occur or that the accused was wrongly convicted. Rather, pardons are recognition that the recipients have been of good conduct and that previous criminal history should no longer reflect negatively on them.

By seeking a pardons Canada application, you are indicating that criminal behavior is no longer a part of your life. By receiving a pardon, you are given the chance to have your criminal record set apart from active criminal records.

Start Your Pardons Canada Application Today

At Arborway Immigration Inc., we will prepare the Pardon application on your behalf so you can relax knowing your file is in good hands. Once your pardon is approved, a background check will not reveal the criminal record and will not indicate that a pardon has been granted.

Contact jus now or read below to learn more about Canada’s unique pardon program.

What are record suspensions?

In March 2012 the Government of Canada passed its omnibus crime bill, Bill C-10, which subtly affects pardons in Canada. Part of this legislation changed the term “pardon” to “record suspension.” While many people are now searching for “record suspension” instead of “pardons Canada,” it is important to understand that a pardon and a record suspension have the exact same effect.

The new legislation included some procedural changes and some program eligibility requirements. But as long as you are still able to apply for a record suspension, the result will be the same as pardons in Canada.

NOTE: For the purpose of clarity we will continue using only the word pardon as though a pardon and a record suspension are interchangeable.

How to apply for a pardons Canada application

Pardons in Canada are granted by the Parole Board of Canada. You must complete your sentence then meet specific eligibility criteria. Once you have determined that you meet the standards set by the Parole Board you must prepare the application. There are three ways to do this.

Do it yourself: The Parole Board of Canada makes it very clear that you are able to process a pardon application on your own. The only step you cannot do yourself is fingerprinting. You will require a third party accredited agency to handle that step for you. We are an RCMP accredited agency that can provide this service for you.

If you want to attempt to handle these procedures on your own, download the record suspension application instructions. Be warned that it is 28 pages consisting of the kind of instructions that government bureaucracies are known for.

Hire a legal Practitioner: Hiring a legal professional be it a lawyer or an Immigration Consultant is an option that some people choose. While a law degree is certainly not required to process pardons Canada applications, extensive knowledge of the law is extremely helpful and the more concentration in immigration process, rules and regulation the better(reasons why we recommend the hiring of Registered Canadian Immigration Consultants due to their specialized training and knowledge of only Canadian Immigration and related laws unlike lawyers who are trained in all areas of law) .

Since a Canadian pardon can take up to two years to complete it is a very good investment to hire a professional to handle the procedures for you. But be careful. Not all pardon and waiver companies are created equally.

If you are looking for a company you can trust to process your pardons Canada application correctly, please contact us today

You will be speaking to a highly knowledgeable Registered Canadian Immigration Consultant who will give you honest, up to date advice that is in your best interest.

 

Pardons Canada eligibility rules – summary and indictable offences

Applicants for the pardons Canada program must meet specific eligibility requirements that are dependent on the status of the sentence that was given in court. To become eligible the sentence must be complete and a waiting period must be met in which the applicant has been of “good conduct”.

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 that the good conduct clause has not been met.

Furthermore, 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.

Pardons Canada Applications: eligibility & waiting periods

Once you have completed your sentence the waiting periods to become eligible for a pardon are as follows:

Summary offences: 5 years

Indictable offences: 10 years

Keep in mind that it is advisable to begin your pardons Canada application or your purge and file destruction at least 1 year in advance of becoming eligible if you want your criminal record to be sealed as soon as possible. The 5 and 10 year criteria for pardon eligibility is a result of the Conservative government of Canada’s tough on crime legislation (Bill C-10) which significantly increased the waiting periods for eligibility.

Pardons Canada eligibility – history

Before the passage of bill C-10 eligibility for a pardon was as follows:

Summary Offences: 3 years

Indictable Offences: 5 years

Criminal record removal for non-convictions

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.

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.

Absolute Discharge: 1 year

Conditional Discharge: 3 years

For not guilty outcomes varying time frames exist before the records can be destroyed.

Not Guilty Outcomes: normally within 1 year

 

 

Time require to prepare and submit a pardons Canada application to the Parole Board of Canada

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.

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.

 

Steps involved in processing a pardons Canada application

The following is a complete list of the steps involved in preparing a pardon application in Canada to submit to the Parole Board.

1. Get your Convictions, Conditional and Absolute Discharges form (Criminal Record) from the RCMP in Ottawa and, if required, your proof of conviction documents.

2. Get your Court Information.

3. Get your Military Conduct Sheet (current and former members of the Canadian Forces only).

4. Get your Local Police Records Check(s).

5. Get your Proof of Citizenship or Immigration Documents.

6. Get a Photocopy of your Document to Support your Identification.

7. Fill in the Schedule 1 Exception Form.

8. Fill in the Record Suspension Application Form.

9. Fill in the Measurable Benefit/Sustained Rehabilitation Form.

10. Complete the Checklist and mail your application and documents with the $631.00 (CDN) processing fee.

Costs involved in getting a pardons Canada application

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.

• Step 1. Fingerprinting is approximately $85 and includes a $25 service fee payable to the RCMP.

• Step 2. Court document requests will vary depending on what court house you are dealing with. The cost is anywhere from $0 – $20 (per document request).

• Step 4. Local Police Records Checks are $25 – $130 (per location you have lived in the past 5 years).

• Step 10. Submission fee to the Parole Board of Canada is $631.

 

Results / effects of pardons Canada application

Once your pardon has been granted the record is sealed and kept separate from active criminal records. When you do a criminal record 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. Most people will 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, employment, 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.

 

HOW CAN ARBORWAY IMMIGRATION INC. HELP YOU?

Our Registered Canadian Immigration Consultant will assess and analyze your situation and determine if a request for pardon application is in your best interest and then prepare a strong application considering the crime, the laws governing the crime, your rehabilitation efforts along with other requirements and mitigating positive factors that will best put your application in the most positive light.

To get your pardon application the process started just call us at +1 (289)856-9437 or write us at info@arborwayimmigration.ca today.

 

 

 

CRIMINAL REHABILITATION

Getting into Canada with a Criminal Record

If you have been deemed criminally inadmissible to Canada due to past criminal convictions, you will need special permission to enter Canada such as a Temporary Resident Permit (TRP) or Criminal Rehabilitation. However, depending on certain circumstances, you may become “rehabilitated”, and you will not be considered inadmissible any more.

Because the processing time for Criminal Rehabilitation applications is much longer than for TRP applications and the requirements differ, you may be eligible to apply for both at the same time. This means you could gain immediate, temporary entry to Canada with a TRP while your application for Criminal Rehabilitation is in process.

If you need to enter Canada sooner than one year from now, you will need to apply for the Temporary Resident Permit (TRP)

In certain situations, you are automatically deemed to be rehabilitated. In other situations, you may apply for Criminal Rehabilitation in order to become admissible to Canada and enter the country without a Temporary Resident Permit.

Criminal inadmissibility does not apply to Canadian citizens, and only applies to those entering Canada as permanent residents, workers, students, or visitors.

 

CRIMINAL INADMISSIBILITY

To determine inadmissibility, foreign laws and convictions are equated to Canadian laws as if the crime(s) had occurred in Canada.

Any person who wants to enter Canada as a visitor, worker, student, or permanent resident will be considered inadmissible if they:

• Were convicted of an offence in Canada;

• Were convicted of an offence outside Canada that is considered a crime within Canada;

• Committed an act that would be considered criminal in Canada but were not caught, charged, or convicted.

For charges that were:

• Withdrawn, or

• Dismissed, or

• Absolutely or Conditionally Discharged,

if the offence occurred in Canada, you are not inadmissible. If the offence occurred outside Canada, you may be inadmissible.

If a Pardon was granted or your record was suspended under the Criminal Records Act and the offence occurred in Canada you are not criminally inadmissible. If the offence occurred outside Canada, you may be criminally inadmissible

Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

Overcome criminal convictions

Note: This information is for guidance and reference only. A decision on your admissibility can only be made when you apply to come to Canada or at a port of entry.

Under Canada’s Immigration and Refugee Protection Act (IRPA), if you have committed or been convicted of a crime, you may not be allowed to enter Canada. In other words, you may be "criminally inadmissible."

This includes both minor and serious crimes, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a list of criminal offences in Canada, consult the Canadian Criminal Code.

Note: there are other Acts of Parliament that a person can be convicted under, such as the Controlled Drugs and Substances Act.

If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.

What you can do if you are inadmissible to Canada

Depending on the crime you committed, how long ago it was and your behaviour since, you may be admissible to Canada again. You may be allowed to come to Canada if

• you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated or

• you applied for rehabilitation and were approved or

• you were granted a pardon or

• you have a temporary resident permit.

See below for more information about what each option means.

Deemed rehabilitation under the Immigration and Refugee Protection Act means that enough time has passed since your conviction that you are considered absolved of your crime.

To be considered for deemed rehabilitation depends on:

• the crime

• if the required amount of time has passed since you completed the sentence imposed for your crime.

• whether you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Find out more about deemed rehabilitation

Individual rehabilitation

Rehabilitation means that you lead a stable life and that you are not likely to commit new crimes.

If you are not eligible to be deemed rehabilitated you must apply for individual rehabilitation to enter Canada. To apply, at least five years must have passed since you completed all your criminal sentences (this includes probation). You must submit an application to the Canadian visa office in your area and pay a processing fee. You should also check the visa office website to see if they have any special requirements.

Note: Applications for rehabilitation can take over a year to process, so make sure you plan far enough in advance.

 

Individual Rehabilitation

 

Here, you will find an information on how one can apply for individual rehabilitation.

Individual rehabilitation is a formal application process by which a person who is deemed inadmissible to Canada can be allowed to enter the country despite their prior criminal acts. As opposed to deemed rehabilitation, which does not require a formal application, a person can only gain individual rehabilitation if they apply to the government of Canada.

Once you apply for individual rehabilitation, a decision on the application will be based on:

• Whether you have been rehabilitated

• Whether you are likely to commit more crimes in the future

• Whether you fulfill certain criteria

The criteria for different kinds of crimes are as follows:

If you were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:

You can apply for individual rehabilitation if 5 years have passed since the end of the jail term.

If you committed a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:

You can apply for individual rehabilitation if 5 years have passed since you committed the crime.

If you committed a crime or were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of more than ten years:

You can apply for individual rehabilitation if 5 years have passed since you finished your jail term or committed the crime.

If you were convicted of two or more crimes outside of Canada that, if committed in Canada, would constitute summary conviction crimes:

You may not apply for individual rehabilitation. You may, however be able to be deemed rehabilitated. For more on Deemed Rehabilitation, click here.

A person’s individual rehabilitation application will be successful if:

• The person fulfills the criteria from the section above.

• The Canadian government is convinced that the person is rehabilitated.

• The Canadian government is convinced that the person will not commit more crimes in the future.

 

Pardon or discharge

If you have been granted a Canadian pardon for your conviction, you are no longer inadmissible because of that conviction.

If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you to find out if the pardon is considered valid in Canada. This will help ensure you do not travel to Canada only to be refused entry or subject to other enforcement action.

 

 

Temporary resident permit

If it has been less than five years since the end of your sentence, and/or if you have exceptional circumstances, you may be eligible to be issued a temporary resident permit allowing you to enter or remain in Canada. 

 

– Eligibility for rehabilitation

 

The following table gives a summary of the type of offences and length of rehabilitation periods.

The person must not have committed or been convicted of any other indictable offence.

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