Pardon Canada Eligibility – 5 Things You Need to Know

Pardon Canada Eligibility (2022) – 5 Things You Need to Know

• In this article, I cover 5 things you need to know about your eligibility to get a Pardon in Canada.

1/ What’s the difference between eligibility for a Record Suspension vs a Pardon?

• Practically, there’s no difference. Let me explain.
• If you look online about pardon eligibility, you’ll find lots of information about record suspensions.
• The reason why is in 2012, the Canadian government changed the name of a Pardon to a Record Suspension.
• In reality, getting a Record Suspension or a Pardon has the same impact.
• When anyone does a criminal background check on you – such as an employer or a United States border agent, your criminal record won’t show up.
• So when you are reading about pardon eligibility or record suspension eligibility, they are the same.

2/ Here’s the general rule on Pardon Canada eligibility

• You first need to complete your sentence for all your convictions.
• That includes completing all probation and remedial programs.
• And paying all your fines.
• And then you need to wait. 
• And during this waiting period, you need to stay out of trouble.

3/ How long is your waiting period?

• Your waiting period will be 3, 5 or 10 years.
• The wait time for you depends on a few factors.
• First is the conviction date of your first offence.
• If your first conviction was before March 2012, your waiting period would be 3 or 5 years.
• If your first conviction was after March 2012, your waiting period would be 5 or 10 years.
• The second factor determining how long your wait period is whether your conviction was a summary or indictable offence.
• Summary offences are less serious and have a 3 or 5-year waiting period.
• Indictable offences are more serious and have wait ​​periods of 5 or 10 years.

4/ When does your waiting period start?

• Your 3, 5 or 10-year wait period starts only after you have completed your sentence in full.
• As I just mentioned, completing your sentence includes paying all your fines.
• The Parole Board of Canada strictly enforces this rule.
• Your waiting period won’t start until you pay your fines in full, even if you have a small amount still owed.

5/ Don’t apply before you’re eligible but start preparation early

• We know you’re motivated to get your Pardon as quickly as possible.
• But you should not apply for your Record Suspension until you are eligible.
• Applying early will result in a rejected application and may end up delaying your Pardon.
• The best strategy to get your Pardon at the earliest possible time is to prepare your application at least 12 months before you are eligible.
• Document preparation takes a long time.  So start early so you can apply on the day you are eligible.