Record Suspension Canada – 3 Things You Need to Know
- When you get a Pardon, there are 3 things you need to know.
- That’s what I’m going to cover in this article.
- I’m Dan Joffe, Pardon and US Waiver lawyer at NextLaw.
- Let me start by stating the obvious.
- Getting a Pardon in Canada, which is now called a Record Suspension, is a big deal.
- You’ll get peace of mind knowing that your criminal activity will be hidden so you can move ahead with your life.
- Here are 3 you need to know about what happens after you are granted a pardon.
1/ What happens to your criminal record?- When you get a Pardon or Record Suspension, the Parole Board of Canada will order the RCMP to seal your criminal record and remove it from the criminal records database.
- But, your criminal record is NOT deleted. And it is NOT erased.
- Your criminal record is effectively hidden from the public.
2/ What shows up on a background check or criminal record check?- Because your criminal record is removed from the criminal records database, your background check will come back clean.
- In other words, your criminal record will not show up.
- Having a clean result on a criminal record check will remove significant barriers to advancing your life, including employment opportunities and your ability to travel.
3/ What should you say when asked if you’ve been convicted of a criminal offence?- You should answer, “no, that you have not been convicted of a criminal offence in Canada.”
- And employers are not allowed to ask if you have received a pardon or record suspension.
- So you effectively get confidentiality regarding your criminal activity, so you can move on with your life.
- And that is what the Canadian government wants you to have. A second chance in life. Let me explain.
- The law covering Pardons is called the Criminal Records Act.
- And the premise of the law is that criminal records create real barriers in life.
- The law recognizes that people make mistakes.
- And after they have completed their punishment and stay law-abiding citizens, they should be allowed to move on and become productive members of Canadian society.
- And key to giving people a second chance is to hide your criminal record, thereby removing the stigma associated with criminal activity.
- So when you get a Pardon, as far as the public is concerned, your criminal record does not exist. And no one is allowed to ask if you have received a pardon.
- Because your criminal record is removed from the criminal records database, your background check will come back clean.
- In other words, your criminal record will not show up.
- Having a clean result on a criminal record check will remove significant barriers to advancing your life, including employment opportunities and your ability to travel.
3/ What should you say when asked if you’ve been convicted of a criminal offence?- You should answer, “no, that you have not been convicted of a criminal offence in Canada.”
- And employers are not allowed to ask if you have received a pardon or record suspension.
- So you effectively get confidentiality regarding your criminal activity, so you can move on with your life.
- And that is what the Canadian government wants you to have. A second chance in life. Let me explain.
- The law covering Pardons is called the Criminal Records Act.
- And the premise of the law is that criminal records create real barriers in life.
- The law recognizes that people make mistakes.
- And after they have completed their punishment and stay law-abiding citizens, they should be allowed to move on and become productive members of Canadian society.
- And key to giving people a second chance is to hide your criminal record, thereby removing the stigma associated with criminal activity.
- So when you get a Pardon, as far as the public is concerned, your criminal record does not exist. And no one is allowed to ask if you have received a pardon.
What is a pardon and what happens after I get one?
A pardon removes your criminal record from the criminal records database managed by the RCMP. Your criminal record is not destroyed but is hidden from the public. A pardon is life-changing because it removes the obstacles associated with a criminal record.
Can a pardon be revoked?
Yes, a pardon can be revoked under certain circumstances. This may happen if the individual commits another criminal offence, violates the conditions of the pardon, or provides false information during the pardon application process.
