Documents Required To Get Your Record Expunged in Canada

Expungement is a legal process designed to remove or erase certain records, typically criminal records, from an individual's public record. In Canada, this process is known as record suspension, formerly referred to as a pardon. Record suspension is essential for individuals who have served their sentence and demonstrated that they are law-abiding citizens. This article provides a comprehensive guide on what record expungement is, why it is necessary, the documents required for the process, and alternative options if certain documents are unavailable.

What is Record Expungement?

Record expungement, or record suspension in Canada, involves the sealing of a criminal record such that it is no longer accessible in the Canadian Police Information Centre (CPIC) database. This means that the record will not show up on most background checks, though there are exceptions, such as for positions that involve working with vulnerable populations.

Why is Record Expungement Required?

1. Employment Opportunities

A criminal record can significantly hinder employment opportunities. Many employers conduct background checks as part of their hiring process, and a criminal record can be a red flag. By obtaining a record suspension, individuals can improve their chances of securing employment.

2. Travel Restrictions

Certain countries, notably the United States, have strict entry requirements for individuals with criminal records. A record suspension can facilitate international travel by removing the record from the CPIC, thereby making it less likely to appear during border checks.

3. Housing Applications

Landlords often conduct background checks before renting out properties. A criminal record can disqualify an individual from securing housing. Expungement helps by ensuring that the record does not appear during these checks.

4. Educational Opportunities

Some educational institutions require background checks for admission into specific programs, especially those leading to professions in healthcare, law, or education. A clean record can help in gaining admission into these programs.

5. Peace of Mind

Beyond the practical benefits, record expungement provides peace of mind. Knowing that one's past mistakes are not continually accessible to the public can significantly reduce stress and anxiety.

Documents Required for Record Expungement in Canada

The process of obtaining a record suspension in Canada involves submitting a comprehensive application to the Parole Board of Canada (PBC). The following documents are typically required:

1. Application Form

The official Record Suspension Application Form, available from the PBC, must be completed in full. This form includes sections on personal information, criminal history, and the reasons for seeking a record suspension.

2. Criminal Record

An official copy of the applicant's criminal record from the RCMP (Royal Canadian Mounted Police) is required. This can be obtained by submitting fingerprints to the RCMP, who will then provide a certified criminal record.

3. Court Information

Court documents for each conviction are necessary. These documents outline the details of the offence, the sentence imposed, and confirmation that the sentence was completed. This information is crucial for the PBC to assess the application.

4. Local Police Records Check

A local police records check is required from every police jurisdiction where the applicant has lived in the past five years. This check ensures that there have been no additional interactions with law enforcement during this period.

5. Proof of Completion of Sentence

Documentation proving that all aspects of the sentence have been completed is essential. This includes proof of payment of fines, completion of probation, and any other conditions imposed by the court.

6. Identification

Valid government-issued identification must be provided. Acceptable forms of ID include a driver’s license, passport, or birth certificate.

7. Personal Statement

A personal statement explaining why the applicant believes they should be granted a record suspension is often required. This statement should demonstrate remorse, rehabilitation, and the positive changes made since the conviction.

Alternative Options if Certain Documents Are Not Available

In some cases, obtaining the required documents can be challenging. Here are alternative options for each category of required documentation:

1. Criminal Record

If an individual is unable to obtain their criminal record through standard channels, they can:

Contact Local Police Services: Local police departments may have records that can be used to supplement the RCMP record.

Seek Legal Assistance: Lawyers specializing in criminal law can assist in obtaining the necessary documents from the RCMP.

2. Court Information

If court documents are not available due to lost or destroyed records, the following steps can be taken:

Request a Record from the Court Clerk: Court clerks may be able to provide a summary of the case or an alternative document outlining the details of the conviction.

Affidavit: In some instances, an affidavit detailing the circumstances of the conviction and sentence completion may be accepted.

3. Local Police Records Check

If obtaining a local police records check is difficult, consider:

Alternative Jurisdictions: If the applicant has lived in multiple jurisdictions, obtaining checks from other jurisdictions may help provide a comprehensive history.

Legal Representation: Lawyers can sometimes expedite the process or obtain alternative documentation.

4. Proof of Completion of Sentence

When proof of sentence completion is unavailable, alternatives include:

Affidavit or Sworn Statement: An affidavit from the applicant or a sworn statement from a legal representative can sometimes substitute for official proof.

Court Records: If proof of fine payments or other conditions is lost, court records may provide sufficient evidence of sentence completion.

5. Identification

If standard forms of ID are not available, consider:

Secondary ID: Secondary identification, such as a social insurance card or a health card, may be accepted if primary ID is not available.

Affidavit: An affidavit verifying the applicant's identity can sometimes be used as a substitute for traditional identification.

6. Personal Statement

If writing a personal statement is challenging, consider:

Assistance from Legal Professionals: Lawyers or legal aid organizations can help draft a compelling personal statement.

Support Letters: Letters of support from employers, community leaders, or others who can attest to the applicant’s character and rehabilitation can supplement the personal statement.

Record expungement, or record suspension, in Canada is a vital process for individuals seeking to move past their criminal history and lead a productive life. It opens up opportunities for employment, housing, travel, and education, and provides a sense of peace and closure. While the process requires a comprehensive set of documents, there are alternative options available if certain documents are not obtainable. Seeking legal assistance and exploring alternative documentation methods can facilitate the process, ensuring that eligible individuals can successfully obtain a record suspension and improve their prospects for the future.