Can you get a Pardon for a DUI in Canada?

Can you get a Pardon for a DUI in Canada?

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  • For example, if your DUI was withdrawn, dismissed or stayed, the fact that you were charged with a DUI would be exposed on your background check.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.
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Dan Joffe, Partner, NextLaw - US Waiver Services & DUI
Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!
Let's Ditch Your Criminal Record

Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!

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Dan Joffe, Pardon Lawyer

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

Canada’s How Fast Can I Get a Pardon Test™

In 30-seconds, learn how quickly you can get a Criminal Pardon / Record Suspension in Canada.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.