When to Apply for a Pardon in Canada - A Comprehensive Guide

A Canadian pardon, officially referred to as a Record Suspension, allows individuals with a criminal record to have their record set aside. This process helps people reintegrate into society by removing the stigma associated with a criminal conviction. Understanding when and how to apply for a pardon is essential for those seeking a fresh start. This article provides a detailed overview of what a pardon is, its purpose, cost, validity, and the factors to consider when determining the right time to apply.

What Is a Pardon in Canada?

A pardon, or Record Suspension, is a formal mechanism by which the Parole Board of Canada (PBC) sets aside a person’s criminal record. It does not erase the record but separates it from public databases, ensuring it does not appear in routine background checks. This can be crucial for employment, volunteering, or traveling abroad.

The process was renamed to "Record Suspension" in 2012, but it retains the same purpose: to acknowledge that an individual has served their sentence and demonstrated law-abiding behavior for a prescribed period.

Purpose of a Pardon

The primary purpose of a pardon is to help rehabilitate individuals by giving them a clean slate. Specific benefits include:

1. Improved Employment Opportunities: Many employers require a clean criminal record for hiring. A pardon can make individuals eligible for more job opportunities.

2. Volunteer Work: Non-profits and community organizations often require background checks for volunteers. A pardon removes barriers to participation.

3. Travel Abroad: While a Canadian pardon does not erase records from other countries, it can simplify travel to countries that respect Canada’s record suspension policies.

4. Peace of Mind: For many, a pardon represents a symbolic fresh start and acknowledgment of their reformed life.

Cost of Applying for a Pardon in Canada

Applying for a pardon involves several costs, including application fees, document collection costs, and any legal or professional assistance fees. As of 2024, the application fee for a Record Suspension is $644.88, payable to the Parole Board of Canada.

Additional costs may include:

• Obtaining Court Documents: Fees for court records vary by jurisdiction.

• Police Checks: Local police services may charge for criminal record checks.

• Fingerprinting Services: Fees for digital fingerprinting range between $50 and $100, depending on the service provider.

Applicants should budget for these expenses in advance.

Validity of a Pardon in Canada

A pardon is valid indefinitely unless it is revoked. Revocation can occur if:

• The individual is convicted of a new criminal offense.

• The Parole Board determines that the application contained false or misleading information.

• It is discovered that the individual is no longer eligible (e.g., if their behavior does not demonstrate rehabilitation).

When to Apply for a Pardon

Timing is critical when applying for a pardon. Applicants must meet the following conditions:

Completion of Sentences

Before applying, you must have fully completed your sentence, which includes:

1. Payment of all fines, surcharges, or restitution orders.

2. Completion of any probation or parole period.

3. Completion of any incarceration term.

Waiting Period

After completing your sentence, you must wait for a prescribed period before you are eligible to apply for a pardon. The waiting periods are as follows:

• Summary Offenses: Five years after the sentence is completed.

• Indictable Offenses: Ten years after the sentence is completed.

It’s important to note that the waiting period starts after all components of the sentence have been fulfilled, including financial penalties.

Factors to Consider

1. Severity of the Offense:

Serious offenses such as sexual crimes or those resulting in bodily harm may require additional steps or scrutiny during the application process.

2. Behavior Since the Offense:

The applicant must demonstrate good behavior and law-abiding conduct during the waiting period. Evidence of misconduct could lead to rejection.

3. Purpose for Applying:

Consider your primary motivation. Whether it is for employment, volunteering, or travel, ensure your application reflects this intent.

4. Readiness to Compile Documents:

The application process requires extensive documentation, including court records, police checks, and proof of sentence completion. Ensure you are ready to gather these before applying.

How to Apply for a Pardon in Canada

The process of applying for a pardon involves several steps:

1. Obtain Your Criminal Record

Contact the Royal Canadian Mounted Police (RCMP) for your criminal record through fingerprinting services. Ensure the record is up to date.

2. Gather Court and Police Records

Collect all court documents related to your convictions. These include sentencing details, proof of fines paid, and completion of any probation terms. Obtain a local police records check for the area where you currently reside.

3. Fill Out the Application Form

Download the Record Suspension application form from the Parole Board of Canada’s website. Complete it accurately, ensuring no information is omitted or misrepresented.

4. Pay the Application Fee

Submit the application fee of $644.88 along with your completed form.

5. Submit Your Application

Mail your application and supporting documents to the Parole Board of Canada. Retain copies for your records.

Common Mistakes to Avoid

1. Incomplete Application:

Missing documents or incorrect information can delay or result in the rejection of your application.

2. Ignoring Eligibility Requirements:

Applying before the waiting period ends or without fulfilling sentence conditions will lead to automatic rejection.

3. Not Keeping Copies:

Always keep copies of your application and supporting documents for reference.

Challenges and Rejection Reasons

Applications can be rejected for several reasons, including:

• Providing false or incomplete information.

• Failing to demonstrate rehabilitation.

• Submitting documents that do not meet PBC requirements.

If rejected, applicants can reapply but may need to address the reasons for rejection in the new application.

Applying for a pardon in Canada is a structured process that requires careful preparation and adherence to eligibility criteria. Knowing when to apply is crucial and hinges on completing your sentence, meeting the waiting period, and demonstrating consistent good behavior.

While the process involves fees and extensive documentation, the benefits of a pardon—ranging from better career prospects to personal peace of mind—make it a worthwhile endeavor. With diligence and careful planning, individuals can take this important step toward a fresh start.