Written by Hardik Shah » Updated on: October 05th, 2024
Obtaining a pardon, officially known as a record suspension in Canada, is an essential step for individuals seeking to clear their criminal records. This process can significantly improve employment prospects, travel opportunities, and overall quality of life. However, the timeline for obtaining a pardon can be lengthy, involving several stages and requirements. This article explains what a Canadian pardon is, why it is necessary, the waiting period for obtaining a pardon in Surrey, British Columbia, and the timeline of the process, detailing why it takes the given time.
What is a Canadian Pardon?
A Canadian pardon, now referred to as a record suspension, is a formal acknowledgment by the Parole Board of Canada (PBC) that an individual has been rehabilitated since committing a criminal offense. When granted, a record suspension removes a person's criminal record from the Canadian Police Information Centre (CPIC) database, ensuring that it is not visible to most employers, educational institutions, and others who may conduct background checks.
Benefits of a Pardon
Employment Opportunities: Many employers conduct background checks as part of the hiring process. A criminal record can be a significant barrier to employment, and obtaining a pardon can help individuals secure jobs.
Travel Freedom: Some countries, including the United States, have strict entry requirements for individuals with criminal records. A record suspension can facilitate international travel by reducing the likelihood of the record appearing during border checks.
Housing: Landlords often require background checks before renting properties. A clean record increases the chances of securing housing.
Peace of Mind: Knowing that past mistakes are not continually accessible to the public can significantly reduce stress and anxiety, allowing individuals to move forward with their lives.
Why is a Pardon Required?
A pardon is required to remove the social, professional, and legal barriers imposed by a criminal record. Without a pardon, individuals may face:
Limited job prospects: Many professions, especially those in healthcare, education, and finance, require a clean criminal record.
Travel restrictions: Certain countries deny entry to individuals with criminal records.
Social stigma: A criminal record can lead to social ostracism and discrimination.
How Long Do You Have to Wait to Get a Pardon in Surrey, British Columbia?
The waiting period to apply for a pardon in Surrey, or anywhere in Canada, is determined by the type of offense committed and the date when the sentence was completed. The Parole Board of Canada mandates specific waiting periods before individuals can apply for a record suspension.
Waiting Period
Summary Offenses: These are less serious crimes, such as minor theft or public intoxication. The waiting period for summary offenses is five years from the date the sentence, including any fines, probation, and community service, is completed.
Indictable Offenses: These are more serious crimes, such as assault or fraud. The waiting period for indictable offenses is ten years from the date the sentence is completed.
Sentence Completion
It is crucial to note that the waiting period begins after the entire sentence is completed, not just the incarceration period. This includes paying any fines, completing probation, and fulfilling any other court-imposed conditions.
Timeline of the Pardon Process
The process of obtaining a pardon involves several steps, each of which contributes to the overall timeline. Here is a detailed breakdown of the stages involved:
1. Obtaining a Criminal Record (3-4 months)
The first step is to obtain a certified copy of your criminal record from the RCMP. This requires submitting fingerprints to the RCMP, who will then provide a certified criminal record. This process can take 3 to 4 months.
2. Court Documents (2-3 months)
Next, you need to gather court documents for each conviction. These documents provide details of the offense, sentence, and confirmation that the sentence was completed. Obtaining these documents from the relevant court can take 2 to 3 months, depending on the court's efficiency and the complexity of the case.
3. Local Police Records Check (1-2 months)
A local police records check is required from every police jurisdiction where you have lived in the past five years. This ensures there have been no further incidents with law enforcement. This process can take 1 to 2 months.
4. Application Preparation (1-2 months)
Preparing the application involves completing the Record Suspension Application Form, gathering all required documents, and writing a personal statement. This step can take 1 to 2 months, depending on the applicant's diligence and attention to detail.
5. Submitting the Application (6-12 months)
Once the application is complete, it is submitted to the Parole Board of Canada. The PBC reviews the application, conducts an investigation, and makes a decision. This process typically takes 6 to 12 months, but it can take longer if additional information or documentation is required.
6. Decision and Notification (1-2 months)
After the PBC makes a decision, the applicant is notified. If the pardon is granted, the criminal record is removed from the CPIC database. This final step can take 1 to 2 months.
Total Timeline
The total timeline for obtaining a pardon can range from 14 to 25 months or longer, depending on the efficiency of each step and any complications that may arise.
Why Does the Process Take So Long?
1. Thorough Background Checks
The Parole Board of Canada conducts thorough background checks to ensure that applicants have been rehabilitated and are unlikely to reoffend. This involves verifying the accuracy of the criminal record, court documents, and police records, as well as assessing the personal statement and any supporting documents.
2. Volume of Applications
The PBC processes a large volume of applications each year. The high number of applications contributes to longer processing times, as each application must be reviewed in detail.
3. Complexity of Cases
Some cases are more complex than others, requiring additional investigation and documentation. For example, applicants with multiple convictions or those with serious indictable offenses may face longer processing times.
4. Legal and Administrative Procedures
The pardon process involves several legal and administrative procedures, each of which takes time to complete. From obtaining fingerprints to gathering court documents, each step adds to the overall timeline.
5. Applicant Diligence
The diligence and thoroughness of the applicant can also affect the timeline. Incomplete or inaccurate applications can lead to delays, as the PBC may require additional information or documentation.
Obtaining a pardon in Surrey, British Columbia, is a lengthy but essential process for individuals seeking to clear their criminal records and improve their quality of life. The waiting period to apply depends on the type of offense and the completion of the sentence, with summary offenses requiring a five-year wait and indictable offenses requiring a ten-year wait. The total timeline for obtaining a pardon can range from 14 to 25 months or longer, depending on various factors. Despite the lengthy process, the benefits of a pardon—improved employment prospects, travel freedom, housing opportunities, and peace of mind—make it a worthwhile endeavor for eligible individuals. By understanding the requirements and diligently following the process, applicants can successfully obtain a pardon and move forward with their lives.
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