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Pardons & Record Suspensions in Canada: The Ultimate Guide
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Chapter 1

What is a Pardon in Canada?

Chapter 2

Pardon Background Checks & Criminal Records

Chapter 3

Pardon Eligibility & The Application Process

Chapter 4

Pardons & Employment in Canada

Chapter 5

Pardons & Travelling Outside Canada

Chapter 6

Pardons & Volunteer Work in Canada

Chapter 7

Pardons & Immigration to Canada

Chapter 8

Pardons & Young Offenders in Canada

Chapter 9

Pardons & DUI in Canada

Chapter 10

Pardons & Bonded for Work in Canada

CHAPTER 1

What is a Pardon in Canada?
What is a Pardon in Canada? What is a Record Suspension in Canada?

A Record Suspension in Canada, formerly known as a Pardon, removes your criminal record from the Canadian Police Information Centre (CPIC) database, which holds criminal record information.

  • The Royal Canadian Mounted Police maintains the CPIC database.
  • This CPIC database is used for background checks in Canada, criminal record checks, criminal background checks, RCMP record checks, Police record checks and Police background checks to determine if you have a criminal record.
  • When you get a Record Suspension or a Pardon, your background check in Canada will come back as clean. In other words, your criminal record will not show up.
  • And it will not be disclosed that you got a Pardon or Record Suspension.
What is the difference between a Pardon and a Record Suspension in Canada?

The outcome of a Pardon and Record Suspension is the same. When someone conducts a criminal record check or background check in Canada, there is no trace of your criminal record.

  • The name change from a Pardon to a Record Suspension happened in March 2012 when the Canadian government passed legislation modifying the Pardon process.
  • In addition to the name change, eligibility requirements to get a Record Suspension were also modified.
  • But the impact of getting a Pardon, now called a Record Suspension, is the same. A Police record check or criminal background check will not include your criminal history.
Who is responsible for Pardons and Record Suspensions in Canada?

The Parole Board of Canada (PBC) is the only government agency that can order, refuse to order and revoke Pardons and Record Suspensions in Canada.

  • The PBC gets its power from the Criminal Records Act, the federal legislation that governs Pardons and Record Suspensions in Canada.
What are the benefits of getting a Pardon or Record Suspension in Canada?

Getting a Pardon removes the disadvantages associated with having a criminal record. You can change your life for the better. The main benefits of getting a Record Suspension or Pardon include:

  • Finding a job
  • Take on a volunteer position
  • Travel to the United States (assuming you have not been stopped at the US border before the getting your Pardon or Record Suspension)
  • Getting promoted at work
  • Getting bonded for your job
  • Opportunities for education
  • Potential to become a Canadian Permanent Resident
  • Remove barriers to family legal matters, including custody and adoption
What are the limits of a Pardon or Record Suspension in Canada?

While there are significant advantages to getting a Pardon or Record Suspension in Canada, there are limitations.

  • A Pardon or Record Suspension does not erase your conviction. A Pardon removes your record from the RCMP’s criminal records database, effectively hiding your conviction from a background check in Canada.
  • A Pardon or Record Suspension does not grant you access or a visa to a foreign country.
  • If you get a Pardon or Record Suspension for a sexual offence, a Vulnerable Sector Check will reveal your conviction.
Can a Pardon or Record Suspension in Canada be cancelled or revoked?

Yes. Your Pardon or Record Suspension can be cancelled or revoked by the Parole Board of Canada in the following situations.

  • If you are convicted of a new indictable offence or a summary offence in some cases;
  • In the event you are no longer of good conduct;
  • It was found that you made a false or misleading statement when you applied for your Pardon or Record Suspension;
  • If, after getting your Pardon or Record Suspension, it was determined that you in fact were not eligible for a Pardon or Record Suspension;
  • After getting your Pardon or Record Suspension, it was then determined that you were not eligible for it;

If your Pardon is revoked, your convictions will be added back to the RCMP’s criminal records database, which means your criminal record will appear on a background check in Canada.

If I get a Pardon or Record Suspension in Canada, what will show up on a Police record check or background check in Canada?

If you get a Pardon or Record Suspension, your criminal background check in Canada will come back clean. There will be no trace of your criminal record history in Canada.

  • When the Parole Board of Canada grants you a Pardon or Record Suspension, your criminal record will be removed from the criminal record database controlled by the Royal Canadian Mounted Police.
  • If someone runs a RCMP criminal record check on you, the results are clean.
  • And, the result will not disclose that you got a Pardon or Record Suspension.
If I get a Pardon or Record Suspension in Canada, what should I say when asked if I’ve been convicted of a criminal offence?

You should answer, “no, I have not been convicted of a criminal offence in Canada.” Here is the logic.

  • The Criminal Records Act (CRA) is the federal law in Canada that empowers the Parole Board of Canada to grant a Pardon or Record Suspension.
  • One of the goals of the CRA is to enable people with criminal records who have become law-abiding citizens to move on with their lives without the obstacles associated with a criminal record.
  • When you get a Pardon or Record Suspension, your history of criminal activity is hidden from the public.
  • Employers in Canada cannot ask if you have had a criminal record removed via a Record Suspension or Pardon.
  • So, when someone asks if you have been convicted of a criminal offence, including employers, the correct answer is “no.”
Can anyone reveal that I got a Pardon or Record Suspension in Canada?

Yes, the Minister of Public Safety has the power to disclose your Pardon. However, this disclosure would only happen in exceptional circumstances.

  • The Criminal Records Act (CRA) is the federal legislation that governs criminal records.
  • The CRA states that only the Minister of Public Safety has the power to disclose information from a criminal record that has been the subject of a Pardon or Record Suspension.
  • Disclosure of your Pardon would only happen in exceptional circumstances.
  • For example, your criminal record may be reopened if you commit another serious criminal offence.
  • As long as you don’t re-offend, no one will get access to your Pardoned criminal record.
How can I get a Pardon or Record Suspension for possession of pot or cannabis in Canada?

If you have been convicted of simple possession of cannabis, you may be eligible for a Cannabis Record Suspension.

  • The biggest advantage of getting a Cannabis Record Suspension is that you do not need to wait the long eligibility periods (ranging from 3 to 10 years) associated with a Pardon or Record Suspension.
  • One of the key requirements for getting a Cannabis Record Suspension is that the conviction must have been for the simple possession of Cannabis.
  • The definition of simple possession is possessing 30 grams or less of cannabis for personal use.
  • If you were charged but not convicted of simple possession of cannabis, then you do not need a Pardon or Record Suspension. To erase any traces of your cannabis charge, you will need to get a File Destruction.
What is a File Destruction in Canada?

A File Destruction in Canada removes traces of your criminal charges if you were charged but not convicted.

  • Most people don’t know that you have a criminal record if you were charged under the Criminal Code of Canada but not convicted.
  • These criminal records are known as non-convictions.
  • These non-conviction criminal records may include fingerprints, photographs and information about your non-conviction disposition.
  • Critically, these non-convictions will show up on a Police record check or Police background check.
  • The only way to remove traces of your criminal record is to get a File Destruction.
  • This is sometimes called a Non-Conviction Record Destruction.
  • You need to request a File Destruction, or Non-Conviction Record Destruction, with the local Police or RCMP that originally charged you.
  • Getting a File Destruction will ensure that the results of your background check in Canada will be clean.

CHAPTER 2

Background Checks & Criminal Records
What shows up on a criminal background check in Canada?

A criminal record or criminal background check in Canada provides different levels of disclosure depending on the situation and depth of the background check. The results of a Police background check or criminal record check in Canada may include the following output:

  • A complete record check, personal information, charges that lead to convictions and charges that resulted in non-convictions
  • Only a conviction history and personal information
  • Confirmation that a criminal record exists (with no details)
What is a local police criminal record check in Canada?

A local police criminal record check (LPRC) searches its database and the CPIC database of criminal records controlled by the RCMP. The local police criminal record check will output:

  • charges that result in a conviction;
  • charges that result in a non-conviction, i.e. charges that were withdrawn, dismissed, stayed, acquitted, diverted, absolute discharges and conditional discharges;
  • charges that are pending; and
  • details about alleged incidents that did not result in charges.

Each police agency has a policy about what information to disclose, usually based on the purpose of the police check. Typically, a local police criminal record check or police background check in Canada is requested for employment, promotion, and travel purposes.

What is a vulnerable sector check in Canada?

In Canada, a vulnerable sector check includes a local police information check and a search to determine if the person has been granted a Pardon or Record Suspension for a sexual offence.

  • Vulnerable sector checks in Canada are mandatory according to the Criminal Records Act.
  • Vulnerable sector checks were created to protect children and the vulnerable.
  • Vulnerable sector checks are generally required for those who volunteer or work with children or vulnerable persons.
  • Per the Criminal Records Act, anyone under the age of 18 is considered a child. And the term “vulnerable people” refers to people who are vulnerable due to their age, disability, or other circumstances.
  • A vulnerable sector check must be conducted by the police in the applicant’s community.
  • In British Columbia, only the British Columbia Criminal Records Review Program can conduct the vulnerable sector check.
What is a criminal record in Canada?

In Canada, a criminal record is a record of someone’s involvement with the criminal justice system that begins with the Police.

  • If you were charged under the Criminal Code of Canada, you will have a criminal record in the Canadian Police Information Centre database, which is referred to as CPIC.
  • The CPIC database is controlled and managed by the Royal Canadian Mounted Police, which is known as the RCMP.
  • When someone conducts a RCMP criminal record check or a background check in Canada, that check will search the RCMP’s CPIC database.
  • If you were convicted of your charge, you need to get a Pardon or Record Suspension to remove your criminal record from the CPIC database.
  • If you were charged but not convicted, you still have a criminal record that will show up on a background check in Canada. You need to get a File Destruction in Canada to remove traces of your criminal charge from the CPIC database and local police database.
Does every interaction with the Police result in a criminal record?

No. Not all interactions with the Police result in a criminal record.

  • A criminal record is generated when an interaction with the Police is related to a crime defined in Canada’s Criminal Code.
  • For example, if the Police charged you with a traffic offence or a parking ticket, those infractions are not criminal and are not covered by the Criminal Code of Canada. These non-criminal interactions with the Police will not generate a criminal record.
Where are criminal records in Canada held?

Criminal records in Canada are stored in various databases.

  • If you were charged with an offence defined under the Criminal Code of Canada as an indictable or hybrid offence, then your criminal record would be stored in the RMCP’s National Repository of Criminal Records.
  • If you were charged with an offence categorized only as a summary offence, your criminal record would be stored in a local police database.
  • A Pardon or Record Suspension is needed if you were convicted of a crime. This will allow you to effectively hide your criminal conviction from a Police record check, Police background check and a criminal record check in Canada.
  • If you were not convicted of a criminal charge, you need to get a File Destruction to remove traces of your criminal charge. Doing this will ensure that your RCMP criminal record check or background check in Canada comes back clean.
How do I know if I have a criminal record in Canada?

You will have a criminal record in Canada in the following situations.

  • If you have been convicted of a crime under the Criminal Code of Canada, then you have a criminal record.
  • If you were charged with a crime under the Criminal Code of Canada but not convicted, then you have a criminal record.
  • If the Police fingerprinted you, then you have a criminal record in Canada.
  • If you were not fingerprinted but charged under the Criminal Code of Canada, then you have a criminal record in Canada.
  • If you were a suspect in a criminal investigation, your name and date of birth would be kept in Police files called incident reports. Even if criminal charges were not filed, a police record search would disclose that you were involved in a criminal investigation.
What is a CPIC criminal record check in Canada?

A CPIC criminal record check is a criminal background check in Canada that is used for various reasons, including employment, volunteer work, adoption, immigration, foreign travel and name changes.

  • CPIC stands for the Canadian Police Information Centre.
  • CPIC is the computer system used to search for any trace of criminal activity.
  • The CPIC check for employment and volunteer work is one of the most common reasons a CPIC background check is ordered.
I was charged but not convicted in Canada. Will my charge show up on a Police record check or a background check in Canada?

Yes. The fact that the Police charged you will show up on a criminal background check or Police record check in Canada, even if you were not convicted.

  • When you get charged by the Police, that charge will generate records in various criminal justice system databases.
  • At a minimum, those records will include details about your criminal charge.
  • In most cases, those records will also include fingerprints and photographs.
  • If you are not convicted, those records do not automatically disappear. You need to take steps to remove those records, which is called getting a File Destruction.
  • If your File Destruction request is approved, all traces of your criminal charge will be removed. This will result in a clean police record check and background check in Canada.
Do I need a Pardon or Record Suspension in Canada if I received a Conditional Discharge?

No. You would not need a Pardon or Record Suspension in Canada if you received a Conditional Discharge.

  • A Conditional Discharge is a finding of guilt, but there is no conviction.
  • If you received your Conditional Discharge after July 24, 1992- The RCMP would automatically remove your record from their criminal record databases three years after you got your Conditional Discharge.
  • If you received your Conditional Discharge before July 24, 1992- You must contact the RCMP three years after your Conditional Discharge to remove your record from their criminal record database.
Do I need a Pardon or Record Suspension in Canada if I received an Absolute Discharge?

No. You would not need a Pardon or Record Suspension in Canada if you received an Absolute Discharge.

  • An Absolute Discharge is a finding of guilt, but there is no conviction.
  • If you received your Absolute Discharge after July 24, 1992- The RCMP would automatically remove your record from their criminal record database one year after you got your Absolute Discharge.
  • If you received your Absolute Discharge before July 24, 1992- You need to contact the RCMP one year after your Absolute Discharge to remove your record from their criminal record database.
Do withdrawn charges appear on my criminal background check in Canada?

Yes. Even though your criminal charge was withdrawn, your charge will appear on your criminal record check or Police background check in Canada. You need to take steps to remove your criminal record.

  • Getting your criminal charge withdrawn means the Crown believed there was no reasonable prospect for a conviction. So ultimately, the court withdrew your charge.
  • A withdrawn charge is referred to as a non-conviction.
  • The RCMP’s criminal records database (known as the CPIC system) still contains information about your non-conviction, such as fingerprints, photographs and information about your charge.
  • The RCMP’s CPIC system is used for criminal background checks in Canada which means your non-conviction will show up.
  • To remove the traces of your charge (i.e. fingerprints, photographs, and other information about your charge), you need to get a File Destruction.
  • The File Destruction will destroy all traces of the charge, so your Police background check or RCMP criminal record check will come back clean.
Do stayed charges affect my criminal record in Canada?

Yes. The fact that you were charged will still show up on your criminal record even if your charges were stayed. You need to take steps to remove your criminal record.

  • A stayed criminal charge means your guilt or innocence was never determined. Your case is put on hold for 1-year, during which the Crown can bring back your criminal charge into the court system. If the Crown does not bring your case back within 1-year, your case is over.
  • A stayed charge is referred to as a non-conviction.
  • The RCMP’s criminal records database (known as the CPIC system) still contains information about your non-conviction, such as fingerprints, photographs and information about your charge.
  • The RCMP’s CPIC system is used for criminal background checks and Police record checks in Canada, which means your non-conviction will show up.
  • To remove the traces of your charge (i.e. fingerprints, photographs, and other information about your charge), you must get a File Destruction.
  • The File Destruction will destroy all traces of the charge, so your criminal background check or Police record check in Canada will come back clean.
If your charges are dismissed, do you have a criminal record in Canada?

Yes. Even after your criminal charges are dismissed, you still have a criminal record in Canada. You need to take steps to remove your criminal record.

  • If your charges are dismissed, it means that the Judge decided not to proceed with your case, usually because of insufficient evidence.
  • Your dismissed charges are referred to as a non-conviction.
  • Despite being dismissed, your non-conviction charges remain on your criminal record.
  • The RCMP’s criminal records database (known as the CPIC system) still contains information about your non-conviction, such as fingerprints, photographs and information about your charge.
  • The RCMP’s CPIC system is used for criminal background checks and Police record checks in Canada, which means your non-conviction will show up.
  • To remove the traces of your charge (i.e. fingerprints, photographs, and other information about your charge), you must get a File Destruction.
  • The File Destruction will destroy all traces of the charge, so your Police record check or RCMP criminal background check in Canada will come back clean.
Do you have a criminal record if found not guilty?

Yes. Even if you were found not guilty of your charges, you have a criminal record. You need to take steps to remove your criminal record.

  • If you were found not guilty of a crime, your case went to trial, and the judge or jury found you not guilty.
  • A not guilty outcome is known as a non-conviction.
  • The details of your non-conviction are on your criminal record in the RCMP’s criminal records database (known as the CPIC system).
  • That means your fingerprints, photographs and details about your disposition are still on your criminal record.
  • The RCMP’s CPIC system is used for criminal background checks in Canada and Police record checks in Canada, which means your non-conviction will show up.
  • To remove the traces of your charge (i.e. fingerprints, photographs, and other information about your charge), you must get a File Destruction.
  • The File Destruction will destroy all traces of the charge, so your RCMP and Police background checks in Canada will come back clean.

Will my peace bond show up on a criminal background check in Canada?

Yes.  A peace bond will show as a police record on your criminal background check in Canada.

  • Yes.  A peace bond will show as a police record on your criminal background check in Canada.
  • In some assault cases, the Crown will offer to withdraw your assault charge if you enter into a peace bond.
  • A peace bond is a court order that orders you to keep the peace and be on good behaviour for a certain period of time.
  • One of the big advantages of a peace bond is that you don’t get a criminal conviction, and there is no finding of guilt.
  • So yes, your peace bond won’t show up as a conviction on a criminal background check.
  • But a peace bond is a non-conviction and will show up on a criminal record check as someone who was charged but not convicted.
  • So for the person or company conducting the police background check, they will see your criminal activity because the peace bond is a non-conviction police record.
  • And you need to get a File Destruction to remove traces of your peace bond.

CHAPTER 3

Eligibility & The Application Process
How to get a Pardon in Canada?

To apply for a Pardon or Record Suspension in Canada, you need to make an application to the Parole Board of Canada (PBC).

  • The PBC is the only government agency in Canada that is responsible for ordering a Pardon or Record Suspension.
  • You need to complete the PBC application in full and pay the $50 processing fee.
  • The Pardon and Record Suspension application will require you to submit additional documentation (fingerprints, criminal records, court documents, and police checks.) You are responsible for paying the fees for these additional documents.
How to get a Pardon in Ontario?

To get a Pardon in Ontario for an offence for which you have been convicted, you need to apply to the Parole Board of Canada.

  • The rules to get a Pardon or Record Suspension are federal, regardless of where you live or where the offence took place.
  • Even if you live in Ontario or were convicted in Ontario, you must apply to the Parole Board of Canada to get a Pardon or Record Suspension.
Pardon in Canada Eligibility: When can I get a Pardon or Record Suspension in Canada?

The eligibility rules that apply to your application for a Pardon or Record Suspension are defined in the Criminal Records Act (CRA).

First, in order to become eligible, you need to complete all your sentence in full.

  • Completing your sentence in full means you have served all sentences of imprisonment, probation orders and paid in full all fines, costs, surcharges, compensation orders and/or paid restitution.

Second, In order to become eligible, you need to wait a minimum period of time.

  • The waiting period only starts after you pay your fines, costs, surcharges, compensation orders or restitution. So, make sure you pay in full as soon as possible.
  • The waiting period depends on when you committed your first offence, the offence you were charged with, and, if it was a hybrid offence, whether the Crown prosecuted your charge by indictment or by summary conviction.
  • A conviction for simple possession of cannabis does not require you to wait. You can apply for a Cannabis Record Suspension.

If you committed your first offence before June 29, 2010, the waiting period is:

  • 5 years – Offence prosecuted by indictment
  • 3 years – Offence proceeded by way of summary conviction

If you committed your first offence between June 29, 2010, and March 12, 2012, the waiting period is:

  • 10 years – Criminal offences involving serious personal injury (in accordance with section 752 of the Criminal Code), including manslaughter, that carried a prison term of at least two years, or an offence referred to in Schedule 1 of the CRA (a sexual offence that involved a child) that was prosecuted by indictment.
  • 5 years – Any other offence prosecuted by indictment. And an offence referred to in Schedule 1 of the CRA (a sexual offence that involved a child) that proceeded by way of summary conviction.
  • 3 years – An offence not included in the list above that was prosecuted by way of summary conviction.

If you committed your first offence on or after March 13, 2012, the waiting period is:

  • 10 years – Offence prosecuted by indictment
  • 5 years – Offence proceeded by way of summary conviction
  • You are ineligible for a Pardon or Record Suspension if you were convicted of an offence covered in Schedule 1 (a sexual offence that involved a child) of the CRA. Or if you have been convicted of more than three offences that were prosecuted by indictment, each with a sentence of two years or more.
  • You are ineligible for a Pardon or Record Suspension if you were convicted of more than three crimes that were prosecuted by indictment, each of which had a sentence of two years or more.
What crimes cannot be pardoned in Canada?

If you committed your first offence on or after March 13, 2012, you are not eligible for a Pardon or Record Suspension in the following circumstances.

  • You are not eligible for a Pardon or Record Suspension if you were convicted of an offence covered in Schedule 1 of the Criminal Records Act (a sexual offence that involved a child). Or if you have been convicted of more than three offences that were prosecuted by indictment, each with a sentence of two years or more.
  • You are not eligible for a Pardon or Record Suspension if you were convicted of more than three crimes that were prosecuted by indictment, each of which had a sentence of two years or more.
When am I eligible for a Pardon or Record Suspension in Canada if I was convicted of possession of cannabis or pot?

You are eligible now for a pardon or record suspension if you were convicted of simple possession of cannabis.

  • Simple possession of cannabis means you possessed 30 grams or less of cannabis for personal use.
  • You would not need a Pardon or Record Suspension if you were charged but not convicted of simple possession of cannabis. You need to get a File Destruction to completely erase your cannabis charge.
If the Parole Board of Canada denies or rejects my application for Pardon or Record Suspension, what happens next?

The next steps you take in your Pardon or Record Suspension application are determined by whether your request was rejected or denied. When you apply for a Pardon or Record Suspension, the Parole Board of Canada reviews your application to ensure that it is complete and that you are eligible.

If your application is complete and you are eligible

  • If your application is complete and you are eligible, your application will be accepted for processing.

If your application is rejected

  • A Pardon or Record Suspension application that is rejected means either your application was incomplete or the eligibility waiting period was not completed.
  • If your application was not complete, you need to complete the missing parts and resubmit your application.
  • If your eligibility period was not complete, you need to reapply after you complete the waiting period.

If your application is denied

  • When an application is denied, it means that your application was accepted for processing but that the Parole Board of Canada has decided not to order your Pardon or Record Suspension.
  • In the vast majority of cases, the Parole Board of Canada rejects your application because it discovers something about you that suggests your good conduct is questionable, such as involvement in criminal activity after applying.
  • Before your Pardon or Record Suspension application is denied, you will get a letter from the Parole Board of Canada stating that they intend to deny your application. The letter will give details of why they intend to deny your application.
  • The Parole Board of Canada will allow you to respond (normally, you have sixty days to reply), explaining why you believe they are wrong and why you should get a Pardon or Record Suspension.
  • If the Parole Board of Canada finally denies your application, you will have to wait at least one year before applying again.
Will the Police come to my home or work if I apply for a Pardon or Record Suspension in Canada?

No. Communication with the Police and other government agencies will be done electronically or through the mail. In some cases, you may have to go to the Police station to pick up your local police record check.

If I have an urgent situation, can I get my Pardon or Record Suspension in Canada sooner or processed more quickly?

No. The Parole Board of Canada (PBC) treats all applications for Pardons and Records Suspensions the same.

  • The PBC understands that people have urgent situations regarding the impact of their criminal record, but it has a strict policy regarding the processing time.
  • All applications are treated the same, and processing time begins as soon as they are received and accepted for processing.
How long does it take to get a Canadian Pardon?

Getting a Pardon or Record Suspension in Canada has two stages. The preparation stage and the processing stage.

First, the preparation stage: 3 to 12 months

  • The preparation stage covers the time it takes to get all the documentation required to apply for a Pardon or Record Suspension.
  • This documentation includes getting your fingerprints, court records and a local police record check.

Second, the processing stage: 6 to 12 months

  • The processing stage refers to the time your Pardon or Record Suspension application is complete, and you are deemed eligible.
  • If you are seeking a Pardon or Record Suspension for an offence that was tried summarily, then your application will be processed within 6 months.
  • If you are seeking a Pardon or Record Suspension for a charge that was convicted as an indictable offence, then your application will be processed within 12 months.
  • If the Parole Board of Canada intends to refuse your Pardon or Record Suspension application, then it may take up to 24 months to process your application. The extended timeline allows you to make your case for why you should get a Pardon or Record Suspension.

To get your Pardon in Canada fast, it is highly recommended that you start preparing the documentation at least 1-year before you are eligible to get a Pardon or Record Suspension.

How much does a Pardon cost in Canada?

The Parole Board of Canada will charge you a $50 fee for a Pardon or Record Suspension application.

  • You will need to pay additional fees to get your fingerprints, criminal records, court documents and a local police record check.
I am not yet eligible. Are there benefits to starting my Pardon or Record Suspension application early?

Yes. To get your Pardon or Record Suspension fast, you should start your documentation preparation before you are eligible. Document preparation takes months. And incomplete applications, or applications with mistakes, will delay your Pardon.

Starting early has significant benefits.

  • We can spot mistakes or missing gaps in information. We work with you to fix these problems saving you significant time.
  • We can accurately determine your eligibility date.
  • We can tell you for sure if you need a Pardon. If you were not convicted, you need a File Destruction, which has a different and faster application process.
  • Our law firm, NextLaw Professional Corporation, will prepare a reference letter stating that your Pardon or Record Suspension application has started and will be successfully completed. Our law firm reference letter can be used for your employer, volunteer work, and immigration purposes.
  • And finally, we will make sure your application is submitted on the earliest eligible date possible.
Do I need to hire a lawyer or a law firm to get my Pardon or Record Suspension in Canada?

No. You do not need a lawyer to get a Pardon or Record Suspension in Canada. All the documentation you need, including instructions, can be found on the Parole Board of Canada website.

  • While you do not need a lawyer, clients hire us to improve their chances of getting a Pardon or Record Suspension.
  • Every year, the Parole Board of Canada rejects a significant percentage of Pardon applications because of ineligibility and other mistakes.
  • The Pardon or Record Suspension application process is lengthy, challenging and time-consuming.
  • Our law firm takes over your Pardon application process, improving your chances of getting a Pardon or Record Suspension fast.

CHAPTER 4

Employment in Canada
Can an employer find out if I was charged but not convicted in Canada?

Yes. The record of your criminal charge exists even if you were not convicted. A criminal background check or Police record check in Canada for employment will likely uncover information about your criminal charge.

  • If you are charged but not convicted, this is called a non-conviction.
  • Examples of non-convictions include charges that are withdrawn, dismissed, stayed, acquitted, diverted and discharged (absolute and conditional).
  • In most cases, traces of your non-conviction charges will exist in RCMP, police and court databases.
  • To ensure that your employment criminal record check and criminal background check in Canada come back clean, you need to get a File Destruction to purge all traces of your non-conviction.
Can you get a job with a criminal record in Canada?

Yes, there are jobs in Canada available to people with criminal records. A criminal record, however, can negatively affect your career and finances.

  • Your criminal record will be exposed if your employer requires you to get a criminal background check or police record check in Canada.
  • When your employer discovers your criminal record, they may decide not to hire you or limit your job options.
  • The only way to effectively hide your criminal record is to get a Pardon or Record Suspension (if you were convicted) or a Fille Destruction (if you were charged but not convicted).
Does my employer have access to my criminal record in Canada?

Yes. You must, however, explicitly authorize your employer to perform a background check in Canada for employment before a criminal record search is conducted.

  • It is common for employers to include this employment background check authorization in the documentation you are required to sign when you start a job.
  • To keep your criminal record hidden from your employer, you must get a Pardon or Record Suspension (if you were convicted) or a File Destruction (if you were charged but not convicted.)
Can my employer find out that I got a Pardon or Record Suspension in Canada?

No. Your employer will not know that you got a Pardon or Record Suspension in Canada.

  • Getting a pardon or record suspension removes your criminal record from the criminal records database.
  • That means when your employer runs an employment criminal record check or Police background check in Canada, the results will come back clean. From your employer’s perspective, you do not have a criminal record.
  • And, an employer cannot legally ask you if you have been granted a Pardon or Record Suspension.
I have been working at the same company for a while now. Will my criminal record impact my job?

Maybe. If you have never had to undergo an employment criminal background check in Canada, that does not prevent you from undergoing an employment background check or CPIC check for employment in the future.

  • Many companies now conduct background checks for employment in Canada on both new hires and existing employees.
  • The discovery of your criminal record could impact your employment and job prospects.
  • The only way to prevent your employer from finding out about your criminal record is to get a Pardon or Record Suspension (if you were convicted) or a File Destruction (if you were charged but not convicted.)
Can I get a promotion if I have a criminal record in Canada?

Maybe. With increasing levels of liability in the workplace, many employers now require employees to get a background check in Canada before they are promoted.

  • It’s possible that you got your job before your employer required you to get a criminal background check or Police record check for employment in Canada.
  • However, companies are increasingly protecting themselves from liability by implementing new policies regarding criminal record checks for employment.
  • When your criminal record is discovered, you may lose your promotion opportunity and possibly your job.
Can my criminal record in Canada hurt my earning potential as an independent contractor?

Yes. A criminal record in Canada can negatively impact your earning potential as an independent contractor.

  • Many companies only accept contractor services from those who do not have a criminal history.
  • Finding out that you have a criminal record could cost you future job opportunities.
  • Getting a Pardon or Record Suspension (if you were convicted) or a File Destruction (if you were charged but not convicted) will prevent a company from seeing your criminal record.

CHAPTER 5

Travel Outside Canada
Can I travel to the United States if I get a Pardon or Record Suspension in Canada?

It depends on whether you were denied entry to the United States before you got your Pardon or Record Suspension in Canada.

  • The United States and Canada have agreements that allow for limited sharing of criminal background information.
  • If you get a Pardon or Record Suspension in Canada, the United States will no longer have access to your criminal record.

If you were denied entry to the United States before you got your Pardon:

  • The United States government will have created a record in their database that you were denied entry in the past.
  • You will then need to get a U.S. Entry Waiver to travel freely to the United States.

If you were never denied entry to the United States and have your Pardon:

  • Having a Pardon or Record Suspension may allow you to travel to the United States without any issue.
Can I travel to other countries around the world if I get a Pardon or Record Suspension in Canada?

Maybe. A Pardon or Record Suspension granted in Canada may not be recognized by other countries.

  • The Canadian government has agreements with select other countries that allow for the limited sharing of criminal record information.
  • After you get a Pardon or Record Suspension in Canada, those counties would no longer have access to your criminal record.
  • However, a Pardon or Record Suspension in Canada does not guarantee access to that other country.
  • Every country has its own rules regarding entry. You need to check carefully the entry rules for that country.
Can I travel to the United States if I have a criminal record in Canada?

Generally, no. You cannot travel to the United States if you have a criminal record in Canada unless you are a U.S. citizen or have Native Indian legal status.

  • All visitors to the United States get screened by a United States Customs and Border Patrol Officer, known as a CBP Officer.
  • A CBP Officer is entrusted with border security to keep the United States safe.
  • That CBP Officer has considerable discretion about whether to allow someone entry to the United States.
  • Even if someone does not have a criminal record, that CBP Officer can refuse entry if they deem that person undesirable.
  • A CBP Officer will generally refuse entry to the United States to someone from Canada who has a criminal record.
  • To freely travel to the United States, you need to get a U.S. Entry Waiver.
What happens if I have a criminal record in Canada but need to travel to the United States for my job?

The fact that you must travel to the United States for your job has no bearing on the rules.

  • Please read, “Can I travel to the United States if I have a criminal record in Canada?”.

CHAPTER 6

Volunteer Work in Canada
Can I volunteer with a criminal record in Canada?

Maybe. The answer depends on the position for which you want to volunteer and the circumstances surrounding your criminal record.

  • Most volunteer positions require that you get a Police record check or criminal background check in Canada.
  • And most volunteer positions require that you have a clean background with no record of any criminal activity.
  • A criminal record check in Canada for volunteers will not only reveal convictions but will disclose anytime you were arrested but not convicted.
  • The only way to hide your criminal record is to get a Pardon or Record Suspension (if you were convicted) or a File Destruction (if you were charged but not convicted).
Can I volunteer if I was charged but not convicted in Canada?

Even if you were not convicted, a criminal background check in Canada for volunteers will reveal traces of your criminal charge.

  • If you were charged but not convicted, this is called a non-conviction.
  • Examples of non-conviction include charges that were withdrawn, dismissed, stayed, acquitted, diverted or discharged (both absolute and conditional).
  • Your non-conviction will show up on a criminal background check in Canada for volunteers.
  • The only way to erase evidence of your non-conviction charge is to get a File Destruction.
  • A File Destruction will purge traces of your criminal record, including fingerprints, photographs, police and court records.
Do I need to get a criminal record check for volunteers if I want to volunteer at my kid’s school in Canada?

Yes. A criminal background check in Canada is required when you volunteer at a school.

  • Any Police background check or criminal record background check in Canada will show that you have a criminal record.
  • To hide your criminal record from any RCMP or Police background check in Canada, you need to get a Pardon or Record Suspension.
  • If you were charged but not convicted in the past, traces of your criminal charge will show up in your criminal record report.
  • To hide your non-conviction – for example, if your charges were withdrawn, dismissed, stayed, acquitted, diverted or discharged – you need to get a File Destruction.
Do I need to get a criminal background check in Canada for volunteers if I want to volunteer to coach kids soccer, basketball, football or hockey?

Yes. A criminal background check in Canada is required before you can volunteer as a coach for kids’ sports.

  • A criminal background check in Canada for volunteers will reveal both criminal convictions and non-convictions. A non-conviction means that you were charged but not convicted.
  • You need to take action to clear your criminal record.
  • If you were convicted of a charge, you need to get a Pardon. A Pardon will remove your criminal record from the RCMP’s criminal records database.
  • If you were charged but not convicted, then traces of your arrest exist in various justice system databases. A File Destruction will remove those traces.
  • Getting a Pardon, Record Suspension or File Destruction will effectively hide your criminal past and result in a clean criminal record check for volunteers.

CHAPTER 7

Bonded for Work in Canada
What does it mean to be bonded in Canada?

Bonding an employee means that your employer is financially protected from any losses you may cause during your employment.

Can I be bonded with a criminal record in Canada?

Maybe. It depends on the circumstances.

  • Generally, when you are bonded as an employee, that means your employer is protected from any losses caused by your actions during your employment.
  • Employers are generally bonded via insurance coverage paid for by the employer.
  • The price of the insurance coverage depends on many factors, including the risk level of the employees.
  • Insurance companies perceive potential employees with a criminal record to be a higher risk than employees with a clean record.
  • That higher risk either translates into a higher insurance cost to the employer. Or, the insurance policy may dictate that the employer cannot hire an employee with a criminal record.
  • Ultimately, you may not be able to get bonded.
  • Getting a Pardon or Record Suspension (if you were convicted), or a File Destruction (if you were charged but not convicted), will reduce the risk of losing out on a job opportunity.

CHAPTER 8

DUI in Canada
Will my DUI show up on a Police background check or RCMP background check in Canada?

Yes. A police background check or RCMP background check in Canada will reveal your DUI charge.

  • A DUI is a criminal offence in Canada.
  • In Canada, DUI charges are known as Impaired Driving, Over 80, and Refusal to Comply with a Breath Demand.
  • If you were convicted of a DUI, you need to get a Record Suspension or Pardon to effectively hide your DUI conviction from any Police or RCMP background check in Canada.
  • If you were charged with a DUI but not convicted, you need to get a File Destruction to remove all traces of your DUI charge.
Does a DUI count as a criminal record in Canada?

Yes, a DUI will generate a criminal record in Canada.

  • A DUI is a criminal offence in Canada.
  • There are different charges associated with a DUI in Canada, all defined in the Criminal Code of Canada.
  • These DUI charges include Over 80, Impaired Driving and Refusal to Comply with a Breath Demand.
  • If you are convicted of DUI, you will get a criminal record in Canada. The only way to remove your DUI criminal record is to get a Record Suspension or Paron.
  • Even if you are not convicted of DUI, you will still have a criminal record. The only way to remove traces of your DUI arrest is to get a File Destruction.
How long does a DUI stay on your criminal record in Canada?

Your DUI conviction stays on your criminal record for up to 80 years. There are some exceptions in which this time can extend to 100 years.

  • The only way to remove your DUI criminal record is to proactively take steps.
  • If you were convicted of a DUI, you need to get a Pardon or Record Suspension. A Pardon will remove your DUI record from the criminal records database. Any criminal background check or Police record check in Canada will come back with no indication of your DUI.
  • If you were arrested for a DUI but not convicted, you need to get a File Destruction. A File Destruction in Canada will effectively remove traces of your DUI arrest.
Can I get a job with a DUI on my Police record check or criminal background check in Canada?

Maybe, it depends on the type of job.

  • A DUI can make it difficult for you to get a job or promotion if an employer runs a criminal background check in Canada.
  • To remove your DUI from the criminal records database in Canada, you need to get a Pardon or Record Suspension.
  • A DUI Pardon will open up opportunities for you in the workplace and your career.
After I get a Pardon or Record Suspension, will employers see my DUI on a Police background check or RCMP criminal record check in Canada?

No, employers will not see your DUI conviction.

  • After the Parole Board of Canada grants you a Pardon or Record Suspension, your DUI conviction is removed from the criminal records database. As a result, your background check in Canada will be clear.
  • Your employers will never know that you were convicted of a DUI.
  • And employers cannot legally ask whether you had a DUI criminal record removed by a Pardon or Record Suspension.
  • If someone asks whether you have been convicted of DUI, the correct answer is “no.”
When can I get a Pardon or Record Suspension in Canada for my DUI criminal record?

To get a Pardon or Record Suspension for your DUI, you need to complete all your sentences and wait a certain period of time before you are eligible. That timing ranges from 3, 5, to 10 years after you committed your first offence and how the Crown prosecuted your DUI.

  • Eligibility timing depends on a few factors, including when you committed your first offence and how your DUI charge was prosecuted by the Crown lawyer representing the Canadian government.
  • DUI charges in Canada, known as Impaired Driving, Over 80 or Refusal to Comply With a Breath Test charge, are hybrid offences.
  • Hybrid offences give the Crown the option to proceed with the DUI charge as either a summary offence or an indictable offence.
  • In most DUI cases, the Crown prosecutes a DUI as a summary offence.
  • However, if your DUI has more serious factors involved, the Crown may decide to proceed with your DUI as an indictable offence.
  • Indictable offences carry more severe penalties than summary offences and extend the timing for your eligibility.
Once I am eligible, how long does it take to get a Pardon or Record Suspension in Canada for my DUI?

Once you are eligible to get a Pardon or Record Suspension in Canada for your DUI, the Pardon application process can take anywhere from 6 to 12 months.

  • A successful Pardon or Record Suspension application requires extensive documentation and preparation.
  • To get your Pardon or Record Suspension as soon as possible, start the preparation work at least one year before you become eligible.
How to get a Pardon for a DUI in Canada?

To get a Pardon or Record Suspension for your DUI in Canada, you need to apply to the Parole Board of Canada.

  • The Parole Board of Canada is the federal agency responsible for Pardons and Record Suspensions.
  • You must follow strict rules to get a Pardon or Record Suspension for your DUI in Canada.
  • DUI charges in Canada are known as Impaired Driving, Over 80 or Refusal to Comply With a Breathalyzer Test.
  • The general criteria for getting a Pardon or Record Suspension for your DUI are that you have completed your sentence, are a law-abiding citizen, and wait a period of time ranging from 3 to 10 years (depending on when you committed your first offence and how the Crown prosecuted your DUI).
If I was not convicted, will my DUI arrest or DUI charge appear on my Police record check or RMCP background check in Canada?

Yes. A criminal background check in Canada or any Police record or background check will reveal that you were arrested for DUI, even if you were not convicted.

  • When you get arrested for a DUI, the Police will take your fingerprints, photograph and generate a record of your arrest.
  • If you are not convicted, your fingerprints, photographs, and arrest record are not removed.
  • You need to take action to remove any traces of your DUI arrest.
  • You need to get a File Destruction, which, if approved, will destroy any trace of your DUI arrest.

CHAPTER 9

Immigration to Canada
Can I become a Canadian citizen if I have a criminal record?

Yes, but becoming a Canadian citizen will be more difficult.

  • The department of Immigration, Refugees and Citizenship Canada, which is responsible for citizenship, will consider criminal convictions that you got both inside and outside of Canada.
  • Your criminal record will prohibit you from getting Canadian citizenship in certain situations.
  • For example, if you were convicted of an indictable offence within four years of applying for Canadian citizenship. Or if you are in prison, on probation or on parole. Or if you are currently under a removal order.
  • To simplify your path to citizenship, you should get a Pardon or Record Suspension for offences committed within Canada.
Can I get permanent residency with a criminal record?

Yes, you can get permanent residency with a criminal record. However, first, you should clear your criminal record.

  • For convictions in Canada, you should get a Pardon or Record Suspension.
  • For convictions committed outside Canada, you should get Criminal Rehabilitation.
Can I become a Canadian citizen if I was charged but not convicted?

Yes. Your non-conviction should not impact your chances of becoming a Canadian citizen.

  • If you were charged but not convicted, this is called a non-conviction.
  • Examples of non-conviction include charges that were withdrawn, dismissed, stayed, acquitted, diverted or discharged (both absolute and conditional).
  • These non-convictions should not have any impact on your path to Canadian citizenship.
Can I get a Pardon or Record Suspension in Canada if I am not a Canadian citizen?

Yes. You do not have to be a Canadian citizen to get a Pardon or Record Suspension in Canada. However, if you currently reside in Canada, you will need to prove your current immigration status.

CHAPTER 10

Young Offenders in Canada
What is a Youth Record in Canada?

A Youth Record refers to information created or maintained under the Youth Criminal Justice Act (the YCJA).

  • A Youth record also refers to information collected during investigating a crime that can be prosecuted under the YCJA.
  • Examples of information that may be recorded in a Youth Record include – name or date of birth, arrest information, charge or sentence, and information from family, neighbours, school authorities, and victims.
What law governs young offenders who commit a crime in Canada?

The Youth Criminal Justice Act, known as the YCJA, is the federal law in Canada that deals with crimes committed by young people in Canada.

How old must you be to be considered a Youth offender with a criminal record in Canada?

Young people between 12 and 17 years of age are considered a Youth under the Youth Criminal Justice Act (the YCJA).

  • At the age of 18, a person is considered an adult, and the protections given under the YCJA no longer apply.
  • And someone under 12 years old cannot be charged with a crime.
Who has access to my Youth Record in Canada?

Your privacy as a young person is one of the biggest differences between the youth justice system and the adult justice system in Canada.

  • The core principle of the Youth Criminal Justice Act (the YCJA) is to protect your privacy as a Youth.

The people who have access to your Youth Record are covered by the YCJA, and include:

  • You
  • Your parent or guardian
  • Your lawyer
  • Anyone authorized by the court
  • The Crown lawyers
  • Judges, the courts and any review board
  • Police officers involved in your case
  • Directors in the correctional facility where you served your sentence
  • People involved in your justice conference;
  • The victim; and
  • Those who conduct criminal record checks for municipal, provincial or federal government positions.
How long does my Youth Record stay in the justice system databases in Canada?

The time that your Youth Record stays open in the criminal justice system databases depends on a few factors.

  • When your Youth Record is open, that is called the Access Period.
  • When your Access Period is over, your Youth Record is sealed and/or destroyed.
  • The factors that determine how long your Youth Record stays open include what offence you committed, what sentence was handed down, and whether you committed another offence while your Youth Record is still open.
What happens to my Youth Record if I commit a crime as an adult in Canada?

It depends on whether your Youth Record was open when you committed the offence as an adult.

  • Your Youth Record will stay open or active for a certain period of time as defined in the Youth Criminal Justice Act.
  • When that period ends, your Youth Record will be sealed/or destroyed and have no impact on your adult criminal record.
  • However, if your Youth Record was still open or active when you committed the offence as an adult, then your Youth Record will become part of your adult criminal record.
Do I need to get a Pardon or Record Suspension if I have a Youth Record in Canada?

No. If you were convicted in a youth court or youth justice court, you don’t need a Pardon or Record Suspension.

  • The time period for which your Youth Record is open in the criminal justice system is defined in the Youth Criminal Justice Act.
  • Once that applicable time period is over, your Youth Record will be destroyed or archived.
Does my Youth Record in Canada get sealed or destroyed when I reach 18 years of age?

No. Your age has no impact on when your Youth Record gets sealed or destroyed.

  • The timing of when your Youth Record gets sealed or destroyed is defined in the Youth Criminal Justice Act.
  • That timing depends on several factors, including what type of offence you committed, your sentence and if you commit another offence before your Youth Record is sealed or destroyed.

CHAPTER 11

Child Issues in Canada
Can I get custody or visitation of my children if I have a criminal record in Canada?

Criminal records can make it more difficult for you to get custody of your children. And criminal records can also impact your right to access or visitation with your children.

  • In Canada, the family law courts are guided by the core principle of what is in the child’s best interest.
  • The courts will evaluate various issues regarding your child’s best interest, including the fact that you have a criminal record.
  • And, the court will likely look deeper into what the offence was that generated your criminal record.
  • At a minimum, your criminal record will have a negative impact on your custody and visitation rights.
How can my criminal record impact my case in family court?

At a minimum, your criminal record will complicate your family law case.

  • When it comes to deciding on custody arrangements during a divorce, the court will follow the principle of what is in the best interest of your children.
  • And to make that judgement, the court will consider many factors, including looking at the results of a criminal background check.
  • Let’s assume that the court does see your criminal activity on your police background check. 
  • In this situation, the court will likely dig deeper into the nature of your criminal activity and how that would potentially impact your ability to be a good parent.
Will my criminal record affect my chances of adopting a child in Canada?

Yes. Your criminal record will affect your chances of adopting a child in Canada.

  • In Canada, family courts are responsible for adoptions.
  • As part of the adoption process, you will be required to undergo a criminal background check called a Vulnerable Sector Check.
  • The Vulnerable Sector Check will reveal your criminal convictions, non-convictions (which are situations when you were charged by the police but not convicted), and charges for which you received a Pardon or Record Suspension.
  • The family court will look at your criminal record and decide accordingly.
How do you get a Pardon in Ontario?

Before you start, make sure you are eligible to get a Pardon. Complete all sentences and waiting times. Then complete a Pardon application and submit to the Parole Board of Canada.

What shows up on an employment background check in Canada?

Employers will see two categories of information. First, criminal charges for which you were convicted. Second, employers will see if you’ve been arrested, even if you were not convicted.

How do you get a DUI Pardon in Canada?

Complete a Pardon application to the Parole Board of Canada. If you’ve completed your sentence, waited the prescribed period and are a law-abiding citizen, you will get a Pardon for your DUI.

How do you get a US Waiver fast?

You can’t. There is no way to force the United States Customs and Border Patrol to process your US Entry Waiver application faster. Make sure your US Waiver application is complete and includes all required documents.

A Record Suspension will allow you to work & travel again.
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