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Difference between revisions of "Criminal Records & Record Suspensions"
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Criminal Records & Record Suspensions (view source)
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Before you apply for a record suspension, you must serve your sentence and then wait for a certain time. The wait time depends on the type of conviction: 5 years for a summary conviction (a less serious offence) and 10 years for an indictable conviction (a more serious offence). This time starts running only when you finish serving your sentence. And that means you must have served your jail time (including parole and statutory release); paid all fines, surcharges, costs, and orders for restitution or compensation; and satisfied your probation order. | Before you apply for a record suspension, you must serve your sentence and then wait for a certain time. The wait time depends on the type of conviction: 5 years for a summary conviction (a less serious offence) and 10 years for an indictable conviction (a more serious offence). This time starts running only when you finish serving your sentence. And that means you must have served your jail time (including parole and statutory release); paid all fines, surcharges, costs, and orders for restitution or compensation; and satisfied your probation order. | ||
If you received '''only''' an absolute or conditional discharge, you don’t need to apply for a record suspension because the record of your discharge is automatically removed from the Canadian Police Information Centre computer system. That happens 1 year after the date of the sentence for an absolute discharge and 3 years after the | If you received '''only''' an absolute or conditional discharge, you don’t need to apply for a record suspension because the record of your discharge is automatically removed from the Canadian Police Information Centre computer system. That happens 1 year after the date of the sentence for an absolute discharge and 3 years after the end of the sentence for a conditional discharge. But for discharges before July 24, 1992, you must make a written request to remove your discharge. Check script [[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges”, for more on this. | ||
==How do you apply for a record suspension?== | ==How do you apply for a record suspension?== | ||
Apply to the [http://pbc-clcc.gc.ca/index-eng.shtml Parole Board of Canada]. It costs $631. You may also have to pay other fees for local police record checks and copies of records, documents, and fingerprints. | Apply to the [http://pbc-clcc.gc.ca/index-eng.shtml Parole Board of Canada]. It costs $631. You may also have to pay other fees for local police record checks and copies of records, documents, and fingerprints. | ||
The Board has a [http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Application Guide and forms] | The Board has a [http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Application Guide and forms] plus [http://pbc-clcc.gc.ca/infocntr/factsh/record_suspension-eng.shtml fact sheet on record suspensions]. You can also call the Board for information at 1.800.874.2652. | ||
You don’t need a lawyer to apply, but it is a complicated process with several stages. It can take a year or longer. The Clemency and Records Suspension Division offers free help. Its number is 1.800.874.2652. | You don’t need a lawyer to apply, but it is a complicated process with several stages. It can take a year or longer. The Clemency and Records Suspension Division offers free help. Its number is 1.800.874.2652. | ||
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==Can the Board cancel a record suspension?== | ==Can the Board cancel a record suspension?== | ||
Yes. If you are convicted of an | Yes. If you are convicted of an offence after you get a record suspension, the Board can revoke, or cancel it. The Board can also do that if you lied on your application for a record suspension, or if you are no longer of good conduct. | ||
[updated | [updated March 2018] | ||
'''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.''' | '''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | ||
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