If you are looking for a record suspension, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

A record suspension (previously called a pardon) is a legal way to keep the public from seeing your past criminal record. The Canadian Police Information Centre database doesn’t show record of a past criminal offence if you have a record suspension. This means that when schools, landlords, and employers do background checks, they likely will not find record of past offences. 

Under the Criminal Records Act, Canadians who have served their time and behaved appropriately can apply for this new start. 

Not everyone can get their record suspended. You had to finish your sentence and not incur any new charges for a set amount of time, which was usually between five and ten years. 

Sexual crimes against children and other serious crimes have their own set of rules regarding record suspensions. 

The Parole Board of Canada carefully looks over each application before deciding to grant a record suspension or not.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we help those in need of a record suspension successfully apply for one.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • A record suspension (formerly called a pardon) allows people with past criminal convictions to have their criminal record separated from active records, making it easier to find jobs, travel, and volunteer.
  • You can apply for a record suspension after completing your sentence and waiting 5 years (for summary offences) or 10 years (for indictable offences).
  • Making false statements on your record suspension application is a separate criminal offence under Section 411 of the Criminal Code.
  • Having legal representation significantly increases your chances of successfully applying for a record suspension.

How can a pardon & record suspension lawyer in Calgary help?

If you want a record suspension, a Strategic Criminal Defence lawyer can help. 

  • We know what you need to be eligible, and we can find problems that could make your application more likely to fail before you send it in. This will save you time and money through the process. 
  • Our lawyers know how to get the official documents you need to support your application, such as police reports, court records, and other documents. 
  • We can also help you get evidence that you have served your time and have fully recovered. This will make your case stronger.

We will help you through the difficult process of applying for a record suspension, making sure that all deadlines are met and that all paperwork is filled out correctly.

Examples of Record Suspensions in Canada

  • Eight years ago, a man went to jail for stealing less than $5,000. Because of his criminal record, background checks were making it difficult to get a steady job. He applied for a record suspension after waiting the required five years after finishing his sentence. He sent in his application and the Parole Board of Canada gave him a record suspension six months after he applied. When he went to interview for his next job, they looked into his past and didn’t find anything. He got the job and has been able to start over in his career.
  • A student wanted to volunteer with children at her local community centre, but she was turned down because she had been found guilty of a crime while protesting in the past. It was a minor crime, but it still showed up on checks for vulnerable workplaces. She got a record suspension after applying with letters of recommendation.
  • A man couldn’t get into an accounting program because the college needed him to have a clean criminal record. He was found guilty of fraud ten years ago. He gathered proof of his rehabilitation after serving his time, applied for a record suspension, and was successful. After his record suspension, he could enroll in the accounting program.

Record Suspension Application Review Process

When you apply for a record suspension in Canada, the Parole Board of Canada carefully reviews your application. 

  • The goal of this review is to check all the information you’ve given and make sure you meet the requirements to be eligible.
  • Officials will look over your application to make sure it is filled out correctly and check for any obvious problems. They will also check the fingerprints you gave them against the RCMP’s criminal record database to make sure you are who you say you are.
  • Next, the police and courts in the places where you’ve lived will review at your criminal record. 
  • They check the convictions you put on your application against official records . They also look to see if you have any pending charges or if you have talked to the police recently, which could make you ineligible.
  • If there are any differences, the investigators might call you to ask why. Your answer is very important because people who make honest mistakes are treated differently than people who deliberately try to mislead. 
  • The investigation also looks into what you’ve done since your criminal offences. They look at court records, police records, and character references to see if you’ve been keeping the peace and of good behaviour. This is a big part of a successful application. 
  • It will move on to the decision stage if your application for a record suspension meets all the requirements and there are no issues found during the investigation. If, on the other hand, serious problems are found, your application may be denied, or you may be charged with a crime for giving false information.

Frequently Asked Questions

A record suspension in Canada is the same as a pardon. The name changed in 2012, but the main goal is still the same. A record suspension lets people who have been convicted of a crime in the past keep their criminal records separate. This means that most background checks won’t show your conviction, which makes it easier to find work, volunteer, or travel.

It depends on how your case was handled and when you finished your sentence. If you were found guilty of a summary offence, which is a less serious crime, you have to wait five years after your sentence is over. You have to wait ten years for indictable offences.The waiting period doesn’t start until the day you finish your sentence, not the day you were found guilty. If you were found guilty in 2015 but were on probation until 2017 and didn’t pay your fine until 2018, your waiting period would start in 2018.

It usually takes 6 to 18 months after you send in your full application. It takes less time to deal with summary offences than it does to deal with indictable offences. However, it might take longer if you have criminal records in more than one place and a complicated application.