Any person who has been convicted of a criminal offence in Canada has a criminal record available through the Canadian Police Information Centre (CPIC). Criminal records have information about your identity, convictions, fingerprints, photographs and DNA where collected. Police services, custom border agents, authorized agencies and USA law enforcement are able to access these records.
A record suspension, more commonly referred to as a pardon, is the process in which a person who has been convicted of a criminal offence has their criminal record removed from CPIC. The Parole Board of Canada is responsible for ordering and revoking record suspensions.
While getting a record suspension does not completely erase your criminal record, it does make the information inaccessible and removes obstacles affecting your employment, child custody, apartment rental, volunteer work, educational opportunity, and provides peace of mind.
Completing this process on your own can be exhausting as it involves endless paperwork and little to no feedback from the Parole Board of Canada to guide you. Glass Gavel has the experience and expertise required to assist you with getting your application completed quickly and efficiently.
Having a criminal record can cause issues with respect to obtaining employment or crossing the border into the US and other countries. Some educational institutions may disqualify the student from attending if they have a criminal record. Certain insurance companies can deny you coverage and a criminal record could also be considered evidence of bad character within family law or child custody proceedings.
There are certain offences in which if convicted are not eligible for a record suspension. These offences include various sexual offences against minors or offences listed under Schedule 1 of the Criminal Records Act.
For other offences, there is a particular wait period before being able to apply. You do not need to apply for a record suspension if you were sentenced to an absolute or conditional discharge or if you were convicted as a young offender under the Youth Criminal Justice Act.
Your eligibility and the amount of time you need to wait to apply for a pardon is determined by the type of offence and when you were convicted. For offences committed before June 29, 2010, the waiting period is five years or offences prosecuted by indictment and three years for summary conviction. For offences committed btween June 29, 2010 and March 12, 2012, the wait period is ten years for any offence within the meaning of s. 752 of the Criminal Code, five years for any other offence prosecuted by indictment and three years for any other offence punishable by summary conviction. For offences committed on or after March 13, 2012, the waiting period is ten years for offences prosecuted by indictment and five years for an offence punishable by summary conviction.
If you have been arrested but not convicted, you can request to erase your fingerprints held by the police service who booked your arrest. You are able to apply to destroy your fingerprints five months from your last court date. If your application to destroy your fingerprints is denied, you are able to appeal within 30 days of receiving the decision. Appeals can be made for denials based on the nature of the offence or compelling public interest reasons.
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If you are seeking a record suspension for a past criminal conviction or require assistance with having your fingerprints destroyed, call Glass Gavel Law at +1(833) 344-2835 or schedule a consultation by clicking the link below.
