law help association
Canadian Pardons
Provincial and Federal statutes:
If you have been found guilty of a criminal offence, you then have a criminal record. If you want your criminal record removed, you must make an application to the National Parole Board under the Criminal Records Act of Canada for a pardon (also known as “Record of Suspension“), effective March 13, 2012. The National Parole Board is a Federal agency who has the ability to grant, deny or revoke pardons. The Act is intended to provide relief to persons who have rehabilitated themselves back into society, and helps persons access employment and educational opportunities more effectively. You can apply for a pardon if you were convicted of a crime in another country and you were transferred to Canada under the Transfer of Offenders Act, or International Transfer of Offenders Act. Before you apply for a pardon, you must have completed all of your sentences, which includes:
- all fines, surcharges, costs, restitution and compensation orders;
- all sentences of imprisonment, conditional sentences, including parole and statutory release;
- any probation order(s).
Canadian Police Information Centre (CPIC)
A pardon removes a person’s criminal record from the Canadian Police Information Centre (CPIC) database, that means a search on CPIC will not show a criminal record. A criminal record can affect your career and travel opportunities. If you get granted a pardon, the Canadian Human Rights Act prohibits discrimination against your past record. Pardon government filing fee is $50.00 dollars + additional fees for; fingerprints, copy of your criminal record, court documents and local police checks.
A pardon may be revoked
A pardon may be revoked if you are convicted of a new offence or found not to be of good conduct or found to have made a false or misleading statement on your pardon application. You are not eligible for a pardon if you have been convicted of:
- Schedule 1 Offence (sexual offence involving a child) under the Criminal Records Act; or
- More than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more.
- Summary offence is eligible to apply for a pardon after 5 years if you have completed your sentence.
- Indictable offence is eligible to apply for a pardon after 10 years if you have completed your sentence. The Royal Canadian Mounted Police (RCMP) will verify all criminal convictions for the pardon application.
Talk to A Lawyer or a law student
Lawyers & Law Students provides access to justice for individuals who face legal problems each and every day