CANADIAN RECORD SUSPENSION
Any adult Canadian citizen or a foreign national who has committed a crime in Canada can apply for a record suspension. An individual who committed an offense outside of Canada but who was transferred to Canada as a result can also apply for a pardon.
Most offenses are eligible for record suspension, however, there are two exceptions: The first being offenses involving a child as outlined in Schedule 1 – offenses under the Criminal Records Act (“CRA”), these offenses are not eligible for record suspension. The second exception is in a situation where an individual has more that three (3) indictable offenses on their record, each with a prison term of two (2) years or more.
If you were convicted of a summary offense under Canadian criminal laws, you will have to wait for five (5) years after the completion of all of the ordered conditions pertaining to your sentence, including payment of fines, restitution, prison term and probation period.
If you were convicted of an indictable offense under Canadian criminal laws, you will have to wait for ten (10) years to pass from the moment of completion of all ordered conditions relating to your sentence before being authorized to apply for record suspension.
The pardon will not erase all traces of a conviction, but it will place your conviction aside from all other criminal records. The conviction will be removed from the Canadian Police Information Center (CPIC) and will allow an individual to reintegrate into society without having to disclose his prior offense. Furthermore, the offense will not show up if someone, such as an employer, runs a criminal search on you. The record suspension will also remove one’s restrictions for being able to contract with the federal government and seek Canadian citizenship.
No. In either case, the Royal Canadian Mountain Police (RCMP) will remove the offense from its records if the discharge was ordered after July 24th, 1992.
No. A record suspension is not an automatic guarantee that you will be admitted to any country you wish to visit. Please make sure to contact the consulate of the desired place of travel to ensure that no further documents are required. Please note that if you are a US citizen or a citizen of another country, you may only apply for record suspension if you committed an offense in Canada.
Yes. An offense committed in Canada does not automatically disqualify an otherwise qualified applicant from requesting a Canadian passport.
When applying for record suspension, you will need to provide the following documents:
On average, applications relating to offenses of minor nature (those prosecuted summarily) a processing period of approximately 6 months is to be expected. For applications dealing with offenses of a more serious nature (indictable offenses), the processing period is of approximately 12 months.
Please note that applications for record suspension are granted based on individual merit. Our specialized attorneys at KLM Immigration have extensive experience in applying for, and obtaining pardons for Canadians and citizens of the US and other countries who have committed an offense in Canada. We can guide you through the process and ensure that you get your record suspension as quickly as possible. Call us today for a free consultation with a KLM lawyer at 1(888) 603-3003. We can help!