How to Get a Pardon for a Canadian Criminal Record while Living Outside of Canada

How to Get a Pardon for a Canadian Criminal Record while Living Outside of Canada

How to Get a Pardon for a Canadian Criminal Record while Living Outside of Canada
  • We have a lot of clients who call our law firm to get a Pardon for a criminal record they got in Canada but now live outside of Canada.
  • In this context, here are 3 things you need to know.

1/ The Pardon process is the same as if you are living in Canada.

  • This means that the Parole Board of Canada is the only government agency that can grant your Pardon, which is now called a Record Suspension.
  • That doesn’t change if you live outside of Canada.
  • And, what’s also the same is the process of getting a pardon.
  • It starts with your fingerprints to get your criminal record; then you get your court information; if you were in the military, you get your military documentation; and finally, you get your local police record check.
  • This process stays the same even when you live outside of Canada.

2/ You must get ink fingerprints.

  • While the process to get your Record Suspension in Canada is the same when you live outside of Canada, there are differences in what you need to do to prepare your Pardon application correctly.
  • One important difference is how to get your Criminal Record.
  • You need to submit your fingerprints to the RCMP to get your criminal record.
  • When living in Canada, you go to any police station or accredited fingerprinting service.
  • These services will take your fingerprints and electronically submit them to the RCMP.
  • However, when you live outside Canada, you cannot submit electronic fingerprints.
  • You MUST take ink fingerprints on a C-216C form, which is the Canadian form used for taking ink fingerprints.
  • You need to submit the original copy of the C-216C form with your ink fingerprints to a service in Canada that the RCMP has accredited. 
  • Accredited means that the RCMP has approved this service’s security and operational procedures.
  • This service in Canada will then convert your ink fingerprints to electronic fingerprints and submit them to the RCMP for processing.

You need to get a local police record check where you live.

  • One key step to getting your Pardon for your Canadian criminal record is to get a local police record check.
  • That is true when you live outside of Canada.
  • You need to go to your local police, where you live now, and any other place where you have lived for the past 5 years, and ask for a local police record check.
  • But, there are police services outside of Canada which may not give you a local police record check.
  • If that happens to you, then ask the Police service to write a letter stating you have been a law-abiding citizen during the time you have lived in that area.
  • Make sure the letter is signed, dated and ideally on the letterhead of the police service.
  • If the letter they give you is in a foreign language, then make sure you get it translated into English or French.
  • And make sure you include both the original and translated letters in your Canada Record Suspension application.
How can I get a Pardon for my Canadian criminal record while living outside of Canada?

The Pardon process is the same as if you were living in Canada, and the Parole Board of Canada is the only government agency that can grant your Pardon, which is now called a Record Suspension. However, when living outside of Canada, you must submit ink fingerprints on a C-216C form, which is the Canadian form used for taking ink fingerprints. The fingerprints must be submitted to an accredited service in Canada that can convert them to electronic fingerprints. Additionally, you will need to get a local police record check where you currently live and any other places you have lived in the past five years. If the police service cannot provide a record check, you should ask them to write a letter stating you have been a law-abiding citizen.

What are the differences in getting a Pardon for my Canadian criminal record while living outside of Canada?

The process for getting a Pardon is the same as if you were living in Canada, but you must submit ink fingerprints on a C-216C form to an accredited service in Canada. You will also need to get a local police record check where you currently live and any other places you have lived in the past five years. If the police service cannot provide a record check, you should ask them to write a letter stating you have been a law-abiding citizen.

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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.

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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.