General Information on Record Suspensions/Pardons (I got one)
Hey everyone, I was recently approved for my record suspension. I did not use a service and I filed myself. There is a lot of misinformation out there in regards to the process and accounts of people who have actually received one is non-existent. So I figured I would try to dispel some of the misinformation and give some general tips.
- What is the waiting period?
This depends when you were convicted for your crime and how long your sentence/conditions were.
If you finished your sentence/conditions and paid all your fines (if applicable) before June 29, 2010 then your waiting period is 5 years for indictable offences and 3 years for summary offences.
If you finished your sentence/conditions and paid all your fines between June 29, 2010 to March 12, 2012 then your waiting period could be 10 years (for serious injury offences), 5 years (for any other offence prosecuted by indictment), or 3 years (for summary offences).
If you finished your sentence/conditions and paid all your fines on or after March 13, 2012 then your waiting period is 10 years for indictable offences and 5 years for summary offences.
Here's an example of how this could work, you were convicted of assault and battery (deemed summary offences) in January of 2008 and was sentenced to 1 year jail time plus a fine of $1000. You get out of jail in 2009, January but haven't paid the fine yet. You get a job and manage to pay the fine in March. You have now satisfied all the requirements and the waiting period begins the day you paid off the fine in March of 2009. Under the record suspension rules for this time period, your waiting period is 3 years. So you won't be eligible for a record suspension till March, 2012. What this means is you won't have the ability to apply until March, 2012, if you do apply, the Parole Board of Canada will just send your application back telling you that you can't apply until March, 2012 or if you go through with a 3rd party company like Pardons Canada they will just sit on your application.
- Should you use a 3rd party provider?
Again this depends. If you can read instructions and have time, I encourage you to do it yourself. The federal government has a step by step guide that you can follow available on their website: https://www.canada.ca/en/parole-board/services/record-suspensions.html. Also, if you run into any problems and/or need clarification or help while filling out your application, you can call the Parole Board of Canada at 613-954-7474 to speak to a live officer. They are in my experience hit or miss, but generally I got most of my questions answered and they were knowledgeable about the application process.
If you can't fill out your own application, I would suggest going with Commissionaires (veterans from Canadian army) who can help you with your application. I needed someone to look over my application and used the commissionaires in my city. The cost was only about $50 and the help I received was excellent. I think for them to help with the whole process was a fair price too, don't remember the exact amount but I don't think it was more than a few hundred. There is value in actually going to an office and meeting someone face to face, rather than through one of these online pardon services.
To the previous point, I would avoid third parties like Pardons Canada, Pardons, PardonsandWaivers, etc. Whoever you can't see face to face, don't do it. They seem to overcharge and mislead people. I have heard horror stories of people who went through these companies and have been charged thousands of dollars. Also, they drag out the process for months and are hard to contact when you need them.
- You can be denied even if you satisfied all requirements of your sentence and have completed the waiting period.
The reason is the criteria that the Parole Board evaluates you is based on whether you have been a upstanding standing citizen who hasn't been in trouble/precarious positions. I.e. many speeding tickets would indicate you haven't been an upstanding citizen. If something negative about you is in the public record, the Parole Board can and will likely find it and may use it against you to deny your record suspension. Keep in mind they will not out right deny you, they will send you a letter proposing to deny and you have the right to respond.
- Can I go to the States with a record suspension?
There are conflicting accounts of whether you can go to the states with a record suspension. What I have found is that if you have gone to the states before, they likely have your criminal record saved in their system. If you haven't gone to the states, they should not have you in their system unless there was reason to search you up. I.e. you are apart of a terrorist group planning an attack on the U.S. But this is iffy and not 100% substantiated by any reliable source.
The safest bet is to get a U.S. entry waiver which would guarantee you entry into the states.
- How are multiple convictions looked at?
They would all be apart of your record suspension. If you are granted a record suspension, all of those convictions would be sealed.
- Last words
Most record suspension applications are denied because people applied before their waiting periods were completed. Approximately 95% of applications that do go through are granted. In other words, if your application is accepted, you got a 95% chance that the Parole Board of Canada will grant you a record suspension.
If you have any other questions, let me know and I will update this post. For personal reasons, I will not be disclosing the specifics of my conviction/s.