Pardons Canada - Guide to Remove a Fraud Conviction

A fraud conviction can have long-lasting effects on a person’s life, affecting employment opportunities, travel, housing, and overall reputation. However, in Canada, individuals convicted of fraud can seek a pardon, also known as a Record Suspension, to clear their criminal record. A pardon allows individuals to have their criminal record set aside, giving them a second chance to rebuild their lives without the stigma of a criminal conviction.

In this comprehensive guide, we will explore how individuals convicted of fraud can obtain a pardon in Canada, including what a pardon is, its purpose, the requirements for obtaining one, the costs involved, and the process from start to finish.

What is a Pardon (Record Suspension) in Canada?

A pardon, formally known as a Record Suspension, is a legal mechanism in Canada that allows individuals with a criminal record to have their record sealed. This does not erase the criminal record entirely but sets it aside, effectively removing it from public visibility.

When a pardon is granted, the individual’s criminal record will no longer appear in most background checks, meaning employers, landlords, and other parties will not be able to see the conviction unless specifically authorized by the Minister of Public Safety. However, the record still exists in government databases and can be reopened under certain circumstances, such as if the individual reoffends.

For individuals convicted of fraud, obtaining a pardon is often the key to reintegrating into society, securing employment, and regaining personal and professional stability.

Purpose of a Pardon (Record Suspension)

The primary purpose of a pardon is to allow individuals who have demonstrated that they have rehabilitated themselves to reintegrate into society without the burden of their past criminal record. By sealing the record, a pardon helps individuals move forward in life, making it easier for them to:

Find Employment: Many employers conduct criminal background checks as part of the hiring process. A fraud conviction can prevent individuals from being hired for certain jobs, especially those involving financial transactions, trust, or sensitive information. A pardon removes the conviction from standard background checks, improving the individual’s chances of securing employment.

Secure Housing: Landlords often conduct background checks before renting out properties. A pardon can help individuals with fraud convictions avoid discrimination in housing applications.

Travel: While a Canadian pardon does not guarantee entry into other countries, such as the United States, it can improve the chances of gaining travel clearance. A sealed record may make border crossings and visa applications less complicated.

Regain Peace of Mind: A pardon allows individuals to move on from their past mistakes without the ongoing stigma of a criminal record. It restores dignity and opens doors to personal and professional opportunities.

Eligibility Requirements for a Pardon (Record Suspension)

To obtain a pardon in Canada for a fraud conviction, individuals must meet specific eligibility requirements. These requirements include:

Completion of Sentence: The individual must have fully completed all aspects of their sentence before applying for a pardon. This includes:

• Payment of all fines, restitution, or compensation orders

• Completion of any probation, parole, or community service hours

• Completion of any required rehabilitation programs

Waiting Period: There is a mandatory waiting period before a person is eligible to apply for a pardon. The length of the waiting period depends on the severity of the conviction:

• 5 years for summary (less serious) offenses

• 10 years for indictable (more serious) offenses

The waiting period begins only after the sentence has been fully completed. This includes paying any fines and fulfilling other court-imposed obligations.

Good Conduct: Applicants must demonstrate good conduct during the waiting period. This means they must not have been convicted of any new offenses during this time. Any involvement in criminal activities, even without a conviction, may negatively impact the application.

Fraud Conviction: While individuals convicted of fraud can apply for a pardon, certain types of fraud, especially large-scale financial fraud or cases involving harm to vulnerable populations, may face additional scrutiny. Nonetheless, most fraud convictions, particularly non-violent ones, are eligible for a pardon.

Canadian Citizenship or Permanent Residency: The applicant must be either a Canadian citizen, a permanent resident, or a person residing in Canada with a valid status.

Cost of a Pardon (Record Suspension)

Obtaining a pardon in Canada involves several costs, which applicants should be prepared for. These costs include:

Application Fee: The Parole Board of Canada (PBC), the government body responsible for issuing pardons, charges a processing fee of $657.77 for the application. This fee is non-refundable, even if the application is denied.

Additional Costs: Applicants may also incur additional costs, such as:

Fingerprinting: To apply for a pardon, individuals must submit their fingerprints to the RCMP (Royal Canadian Mounted Police) to obtain a copy of their criminal record. The cost of fingerprinting services varies but typically ranges from $25 to $50.

Local Police Record Check: Applicants must provide a local police record check from every place they have lived in the last five years. The cost for this service varies by municipality, but it can range from $20 to $75.

Court Records: Applicants may need to obtain court documents related to their conviction and sentencing, which may incur additional fees depending on the court.

Optional Services: Some individuals choose to hire legal or pardon services to assist them in preparing and submitting their application. These services can cost anywhere from $500 to $1,500, depending on the complexity of the case and the level of assistance required. However, it is possible to complete the process independently without professional help.

The Pardon (Record Suspension) Application Process

The process for obtaining a pardon in Canada for a fraud conviction is detailed and requires thorough preparation. Here’s a step-by-step guide to help navigate the process:

1. Obtain a Copy of Your Criminal Record

The first step in the application process is to request a copy of your criminal record from the RCMP using your fingerprints. This document will provide a complete summary of your criminal history, which is necessary for the application.

2. Obtain Court and Police Documents

Next, you will need to gather court documents from the court where you were convicted. These documents must detail the offense, sentence, and confirmation of sentence completion (such as proof of paid fines or completed probation). Additionally, you will need a local police record check from every place you’ve lived in the past five years.

3. Complete the Pardon Application

Once you have gathered all necessary documentation, you will need to complete the Record Suspension Application. The application form is available from the Parole Board of Canada, and it includes detailed instructions on what information must be provided.

4. Submit the Application

After completing the application and attaching all required documents, the final step is to submit your application to the Parole Board of Canada, along with the processing fee. The application will be reviewed for completeness, and additional information may be requested if needed.

5. Wait for a Decision

The processing time for a pardon application can vary depending on the complexity of the case and the volume of applications. On average, the process can take 6 to 12 months, but it may take longer for more complex cases, particularly for individuals convicted of serious fraud offenses.

Validity and Limitations of a Pardon (Record Suspension)

A Canadian pardon is valid indefinitely, provided the individual does not commit another criminal offense. However, there are some important limitations and circumstances to keep in mind:

Reopening of the Record: If the individual is convicted of a new criminal offense after receiving a pardon, the record suspension can be revoked, and the criminal record will be reopened. Additionally, the Parole Board of Canada has the authority to revoke a pardon if it was obtained through misrepresentation or fraud.

Access by Law Enforcement: While a pardon seals the criminal record from public access, it does not erase it entirely. Law enforcement agencies, including the RCMP and Interpol, still have access to pardoned records. This means that the record can be reopened if necessary for public safety or legal reasons.

Travel to Foreign Countries: A Canadian pardon does not guarantee entry into foreign countries, such as the United States. Some countries may still require disclosure of past criminal convictions, even if a pardon has been granted. Individuals with fraud convictions are advised to consult with immigration authorities before attempting to travel abroad.

For individuals convicted of fraud in Canada, obtaining a pardon (Record Suspension) offers a crucial opportunity to move forward in life without the burden of a criminal record. While the process requires patience, documentation, and financial resources, the benefits of securing a pardon are significant. It opens doors to employment, travel, and housing, allowing individuals to reintegrate into society with dignity and a clean slate.

By understanding the eligibility requirements, preparing a complete application, and adhering to the process, individuals with fraud convictions can take important steps toward clearing their criminal record and building a brighter future.