Can you get a Pardon for a DUI in Canada? (2023)
- Can you get a Pardon for a DUI in Canada?
- Yes, but there are three important things you need to know about getting a DUI record suspension in Canada.
- That’s what I am going to cover in this video.
- I’m Dan Joffe, Pardon and US Waiver lawyer at NextLaw.
- Let’s get started.
1/ How long does a DUI stay on your criminal record in Canada?- Your DUI never goes away.
- It will always be on your criminal record.
- So when someone does a criminal background check on you – whether for a job, volunteer work or travel to other countries, the results of your criminal record check will show your DUI.
- And that’s true even if you were not convicted of a DUI.
- For example, if your DUI was withdrawn, dismissed or stayed, the fact that you were charged with a DUI would be exposed on your background check.
- The only way to remove your DUI from your criminal record is to take action.
- If you were convicted, you must apply to the Parole Board of Canada to get a DUI Pardon.
- If you were charged with a DUI but not convicted, you need to get a File Destruction.
2/ When can I apply for a Pardon in Canada?- Eligibility rules to get a DUI Pardon are defined in the Criminal Records Act.
- You need to wait 3, 5 or 10 years after the completion of your sentence, which includes fines, prison and probation.
- Two factors determine whether your wait period is 3, 5 or 10 years.
- First is the date of your first offence.
- The timing rules are complicated because of changes made to the Criminal Records Act in 2010 and 2012.
- So check carefully before you apply.
- And the second factor in determining your wait time is how your DUI was prosecuted in court.
- If your DUI was handled as an indictable offence, your wait time is 5 or 10 years.
- If your DUI was prosecuted as a summary offence, your wait time is 3 or 5 years.
- And finally, it is a requirement that during this wait time, you must be and continue to be a law-abiding citizen.
3/ Is it hard to get a Pardon in Canada?- Assuming you meet the record suspension eligibility criteria, then what’s hard is preparing a correct DUI Pardon Application.
- Every year, the Parole Board of Canada rejects a large number of Record Suspension Applications because of mistakes.
- The good news is that many of these mistakes are avoidable.
- Now, where most clients have trouble is with the Measurable Benefits/Sustained Rehabilitation Form.
- Due to the serious nature of getting a Pardon, you must provide long-form, well-thought-out answers.
- You need to take the time to get these answers correct.
- You need to take the time to write these answers in a way that will compel the Parole Board of Canada to award your Pardon.
- Eligibility rules to get a DUI Pardon are defined in the Criminal Records Act.
- You need to wait 3, 5 or 10 years after the completion of your sentence, which includes fines, prison and probation.
- Two factors determine whether your wait period is 3, 5 or 10 years.
- First is the date of your first offence.
- The timing rules are complicated because of changes made to the Criminal Records Act in 2010 and 2012.
- So check carefully before you apply.
- And the second factor in determining your wait time is how your DUI was prosecuted in court.
- If your DUI was handled as an indictable offence, your wait time is 5 or 10 years.
- If your DUI was prosecuted as a summary offence, your wait time is 3 or 5 years.
- And finally, it is a requirement that during this wait time, you must be and continue to be a law-abiding citizen.