03 Apr Record suspension – Some answers to your questions
The process of obtaining a record suspension is often the first step taken to put mistakes of the past behind and renew hope to make dreams come true.
Here are the answers to the questions people frequently ask me to apply for a record suspension to the Parole Board of Canada (PBC), formerly called pardon application:
Am I eligible to apply for a record suspension?
We need to look at several criteria. To keep it short, I will talk only about the primary eligibility criteria to present an application.
It has been at least 5 or 10 years since the expiry of the sentence (incarceration, probation, fine, surcharge, restitution, etc.), depending on the procedure (summary conviction or indictable offence). For example, if you have been sentenced to an imprisonment term only, the eligibility is calculated from the end of your imprisonment term. If you have been sentenced to a suspended sentence along with a three-year probation, the eligibility is calculated from the end of your term of probation. If you have been sentenced to pay a fine only, the eligibility is calculated once you have paid the fine in full.
You have not been convicted of an offence listed in Schedule 1 of the Criminal Records Act. This schedule includes various sexual offences involving minors. There is, however, one exception to this rule: you were not in a position of authority or trust over the victim and the victim was not in a position of dependence on you, you have not used any violence, intimidation, or constraint toward the victim, nor did you attempt or threaten to do so, and you were less than five years older than the victim.
You have not been convicted of more than three offences with procedures by indictment (criminal act) and for which you have been sentenced to two years or more of imprisonment for each offence.
If your offence was committed before March 13, 2012, the eligibility rules that were in effect at the time of your offence will apply. Before March 13, 2012, criteria and timelines were more flexible. Therefore, you may be eligible even if you are not under the new Act. Please contact us for more information.
Once your application is ruled admissible, the PBC will proceed to a more in-depth analysis of your file.
How long will it take the PBC to issue its decision?
Between 6 and 24 months, depending on the situation, from the moment the application is ruled admissible and complete by the Parole Board of Canada. Of course, you must include an additional delay from the moment you decide to submit your application since you have to obtain several documents involving various delays. It usually takes about three months from the moment you take the first step, that is, fingerprinting. It is best to submit your application as soon as possible after your eligibility period to avoid missing out on an opportunity.
How much does a record suspension application cost?
The answer to this question depends on many factors, namely the number of times you have moved in the last five years, the locations where you have lived in the last five years, the suppliers you will do business with for fingerprinting, the number of criminal convictions you have, and whether or not your criminal record contains all your convictions. Starting January 1, 2022, the Parole Board of Canada charges $50 for processing the application.
Should I call upon the services of a lawyer to prepare my application for a record suspension?
Yes, and for several reasons. To grant you a record suspension, the PBC will verify and analyze if you meet all of the criteria set out in the Act. Who is best placed to make sure that your file meets all these legal criteria? A lawyer, of course. As a legal professional, a lawyer will first make sure that you are indeed eligible to apply for a suspension of your criminal record, then assess your chances of success (only a lawyer is entitled to give you legal advice), gather all the necessary information and documents, and proceed to the relevant drafting with appropriate legal terms for this procedure.
By entrusting the preparation of your application to a lawyer, you are making sure to forward a complete and admissible file to the PBC. You will thus avoid having your application returned to you and avoid wasting time needlessly. I can tell you that this happens, and more often than you think. Many clients call on me after submitting their application on their own. So please do business with a lawyer to prepare your application. It will certainly increase your chances of getting a quicker response to your application for a record suspension.