Record Suspensions (Pardons)
Mickelson & Whysall has the experience and knowledge to assist you in obtaining a Record Suspension (Pardon). We will guide you every step of the process to ensure that your application is done properly and as expediently as possible.
A Record Suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record sealed to the public. A Record Suspension can assist you in obtaining new employment opportunities and higher paying jobs. Many employers will not hire an individual who has a criminal record. If you obtain a Record Suspension you can apply for a Nexus card as individuals with a criminal record do not qualify. A Record Suspension can result in less scrutiny at the US Border.
As of March 2012, the Criminal Records Act was amended to longer issue Pardons. Pardons have now been replaced with the Record Suspension. The change was initiated by the tough on crime attitude of the Conservative government that Canadians should no longer be forgiven for their criminal activity.
- Record Suspension: Having your criminal record sealed and not visible to the public
- Pardon: Being forgiven for past criminal activity. Now known as a Record Suspension.
With the change of terms also came changes to the eligibility requirements to get what is now called a Record Suspension. Before applying for a Record Suspension in Canada you must meet the following eligibility requirements:
- Summary offences you must wait 5 years from the completion of your sentence
- Indictable offences you must wait 10 years from the completion of your sentence
Limits of a Record Suspension:
- Does not erase a criminal record
- Does not guarantee entry or visa privileges to another country;
- Suspended records of former sexual offenders are flagged in CPIC in order to conduct a vulnerable sector check should they apply to work or volunteer in such a sector.
For further information or for a free initial consultation, please contact our Vancouver law office.
Frequent Asked Questions
You can apply for a Record Suspension if you:
- Were convicted as an adult of an offence in Canada under a federal act or regulation of Canada;
- Were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act
To apply for a Record Suspension, you must have completed all of your sentences which include:
- all fines, surcharges, costs, restitution and compensation orders;
- all sentences of imprisonment, conditional sentence order;
- any probation order(s)
You must wait 5 years from the completion of all you sentence for a summary offences and 10 years for indictable offences.
Once the application is properly completed and all the relevant supporting documents, it takes approximately 6 to 8 months for Parole Board of Canada to review your application. It takes approximately 2 to 3 months to collect and prepare all of the supporting documents. The total process is 8 to 12 months.
Having a lawyer who is experienced will make the process much more expeditious. Mickelson & Whysall will obtain all the documents and records of proceedings for you and ensure that the Record Suspension is completed properly and all required documents are included. Inexperienced individuals who attempt the process on their own may inadvertently fail to include required documents or incorrect documents. Any errors or oversights will result in unnecessary delays and prevent you from obtaining the Record Suspension in a timely manner.
The lawyers at Mickelson & Whysall are experienced criminal lawyers. We will guide you through the process, get all of your documents quickly from the courts and the police. Mickelson & Whysall is available 24 hours a day by telephone. If you have any questions or concerns you can call and speak to a lawyer or someone from our office. You will never have to go through an automated system.