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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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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
==Who receives a criminal record?==
Information about a person found guilty of a crime is kept in their criminal record. Learn about criminal records, including how to apply for a record suspension (formerly a pardon).  
Anyone in BC who is 18 or older and convicted of a criminal offense has a criminal record. A criminal record doesn’t include convictions under provincial laws, like the ''Motor Vehicle Act''. Criminal records are not public, but police, prosecutors, customs officers, and other officials can still see them.


==What is a record suspension and who can apply for one?==
==Understand your legal rights==
A record suspension (previously called a “pardon”) is a decision by the Parole Board of Canada to keep a person’s criminal record separate from the criminal records of people who have not received a record suspension.


If you have a criminal record, and you have finished serving your sentence (penalty) and can show that you now obey the law, you can apply for a record suspension.
===Your criminal record contains information about crimes===
Information about a person found guilty of a crime is kept in a computerized file by the RCMP. The file is called a '''criminal record'''.


But people convicted of sexual offences against minors (with some exceptions) and people convicted of more than 3 indictable offences, each with a sentence of 2 years or more, cannot get a record suspension.
Your criminal record shows any criminal '''convictions''' against you. It also contains information about your identity, such as '''fingerprints''' or '''DNA'''.


==What does a record suspension do?==
You’ll have a criminal record only if, at age 18 or older, you’ve been accused of a crime and your fingerprints were taken. A crime is breaking a law of Canada such as the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or the [http://canlii.ca/t/7vtc law on illegal drugs].
If you get a record suspension, your criminal record will be kept separate from the criminal records of people who have not got record suspensions. And no one regulated by federal law can give out information about your criminal record or record suspension without permission from the Canadian Minister of Public Safety. But other parties not regulated by federal law (like a municipal police force or private citizen) can still give out such information. A record suspension does not cancel your conviction. And a record suspension does not guarantee you can enter another country or get a visa to enter another country. For example, the US does not recognize Canadian record suspensions.


==When can you apply for a record suspension?==
Breaking a provincial law doesn’t lead to a criminal record. For example, you won’t have a criminal record because you were found guilty of an offence under [http://canlii.ca/t/847n BC’s highway safety law] or a local bylaw.  
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 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.
Your criminal record is not public, but police, prosecutors, customs officers, and other officials can still see it.


==How do you apply for a record suspension?==
===Avoiding a criminal record===
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.
If you’ve been charged with a crime, you can avoid a criminal record by having your case dealt with through “'''alternative measures'''” (also called '''diversion'''). You might be eligible for diversion if the charge against you is minor, you have no criminal history, you accept responsibility for the crime, and you feel sorry about what you’ve done.


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.  
If you are accepted into diversion, you follow a program set out for you that may include community service work or counselling. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the Crown won’t go ahead with the charge against you). This means you won’t get a criminal record. For more, see our information on pleading guilty to a criminal charge (no. 212).


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.
===A record of a discharge is temporarily on your record===
A judge may find you guilty of a crime but '''discharge''' you instead of convicting you. An “absolute discharge” means your criminal record won’t show a conviction. A “conditional discharge” means your record won’t show a conviction if you meet conditions the judge sets.  


==What happens after you apply?==
In either case, a record of the discharge is kept on your criminal record for a period of time.  
The Board will examine your application to see if you are a law-abiding citizen. If the Board is going to reject your application, it must first tell you that you can make a submission about your conduct and ask for an oral hearing. The Board must then consider your submission before it decides.


==Can you appeal a Board decision?==
If you get an absolute discharge, the record of your discharge will be kept on file for '''one year'''.
No, you cannot appeal a Board decision. But if the Board rejects your application, you can reapply after 1 year.
 
If you get a conditional discharge, the record of your discharge will be kept on file for '''three years''' after the probation period is completed.
 
After the one- or three-year period, the RCMP must delete any record of your discharge from their records. Under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-47/latest/rsc-1985-c-c-47.html#sec6.1_smooth law in Canada], no record of your discharge can be disclosed to anyone except in specific circumstances, such as if your fingerprints were found at the scene of a crime.
 
For discharges before 1992, you must make a written request to remove the discharge. Visit [http://www.rcmp-grc.gc.ca/en/managing-criminal-records rcmp-grc.gc.ca] for a form to request a discharge be purged from RCMP records.
 
===A “record suspension” limits access to your criminal record===  
 
If you’re found guilty of a crime, your criminal record doesn’t disappear, even after many years.
 
But after some time, you can usually ask for a '''suspension of your record''' (previously called a “pardon”) to have your criminal record set apart from other criminal records by the RCMP. The information in your record is not accessible except in rare situations. 
 
Record suspensions are intended to help people access job and educational opportunities and to reintegrate into society.
 
To get a record suspension, you must ask the [https://www.canada.ca/en/parole-board.html Parole Board of Canada]. We explain how shortly.
 
===Effect of a criminal record suspension===
 
Suspension of your criminal record doesn’t erase the fact you were found guilty of a crime. If anyone asks whether you’ve been found guilty or convicted of a crime or a similar question, you must answer yes. But you can say your criminal record was suspended to show good behaviour and respect for the law.
 
If you get a record suspension, your criminal record will be kept separate from other criminal records by the RCMP. No one regulated by federal law can give out information about your criminal record or record suspension. But others who are not regulated by federal law — like local police or private citizens — can still give out this information. A record suspension does not cancel your conviction.
 
Importantly, a criminal record suspension '''doesn’t guarantee you can travel to other countries'''. For example, a criminal record suspension in Canada is not recognized in the United States and doesn’t erase information in American databases. So entry to the US is not guaranteed.
 
A record suspension can reduce the impact of having a criminal record when it comes to jobs. It can also help you immigrate to Canada.
 
===Who can apply for a record suspension (and when)===
 
You '''must wait five or 10 years''' after completing your sentence (punishment) before asking for a suspension of your criminal record. The waiting period depends on how serious the crime was.
 
The waiting period starts running only once you finish serving your sentence. That means you must have:
*paid all fines, costs, and orders for restitution or compensation,
*served any jail time, and
*satisfied any probation order.
 
People found guilty of a '''crime involving a child''' (for example, sexual touching of a child or child pornography) usually can’t get their criminal records suspended. Nor can people who have been convicted more than three times with sentences of two years or more.
 
===Applying for a record suspension===
To get a record suspension, you must ask the [https://www.canada.ca/en/parole-board.html Parole Board of Canada]. Visit [https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html canada.ca/record-suspensions] for the application form and a step-by-step guide. You can also call the Parole Board for information at 1-800-874-2652.
 
There is an application fee of $631. You must also pay to have your fingerprints taken, get a copy of your criminal record, and get other documents from the court and local police.
 
The process involves many documents and several stages. It can take six months to two years before getting an answer from the Parole Board.
 
====In considering your application====
To suspend your criminal record, the Parole Board must be satisfied you were of “'''good conduct'''”. They will be looking for behaviour that demonstrates a law-abiding lifestyle.
 
If the Board is going to deny your application, it must first tell you that you can make a submission about your conduct and ask for an oral hearing. The Board must then consider your submission before it decides.
 
====If your application is denied====
 
You cannot appeal a Parole Board decision to deny your application for a record suspension. However, you can reapply after one year.
 
==Common Questions==
 
===Do I need a lawyer or company to apply for a record suspension?===
 
No. You can apply directly to the Parole Board for a record suspension. The Parole Board won’t give you preferred treatment if you use a lawyer or specialized company. If you hire a lawyer or specialized company, you’ll have to pay for their services.
 
===Can the Parole Board cancel a record suspension?===
Yes. The Parole Board can cancel a criminal record suspension in these situations:
*The person was convicted of a new crime.
*The person is “no longer of good conduct”.
*The person lied or hid information when applying for the record suspension.


==Can the Board cancel a record suspension?==
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.




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