Arrested But Not Convicted?
The fingerprints and photographs associated with an arrest record are stored in the CPIC (Central Police Information Center) and can be used against you at the border if you don’t have them removed.
Retention rules vary depending on your record and the time elapsed. Get additional details by following the link below:
If you have been convicted of a criminal offense that is over 5 years old, you will most likely qualify for a pardon. Click down below to get a better idea of where you stand.
A lack of conviction does not mean a lack of documentation, and may lead to unwanted surprises. Permanently destroy arrest records to protect your future and get on with your life. Everything from fingerprints to arrest details are public information until you make the decision to destroy your records. Start a new chapter in your life today.
Record Destruction is your smart solution for handling non-convicted arrest documents that may pop up later in life. Regardless of whether or not you were convicted, there is still documentation that could stay with you forever. Accessible to the public and detrimental to your future, these minor infractions have potential to tarnish your reputation permanently.
The case workers at Canadian Document Services will aid you in the important first steps of ensuring a confident, confidential future. Start the fast, free qualification service today, and let us help you create a brighter future for tomorrow.
What is a Pardon (Record Suspension)?
Keeps or seals your criminal records separate from other criminal records
Reduces the risk of discrimination resulting from having a criminal record (in situations where you apply for a job, volunteer in certain programs, travel to different countries, rent a home, etc).
A Record Suspension does NOT erase a conviction
An application for a Record Suspension is NOT needed if you have an absolute or conditional discharge.
A Record Suspension does NOT erase a prohibition order
FAQ’s On Record Suspensions
Who Grants a Record Suspension?
The Record Suspension and Clemency Division of the Parole Board of Canada (PBC) grant and revoke Record Suspensions
What is the effect of a Record Suspension?
- It gives you the opportunity to reintegrate into society without fear of past misgivings
- A record suspension removes all information about your conviction from the Canadian Police Information Centre (CPIC) database
- Federal agencies cannot give out information about your conviction without the approval from the Ministry of Public Safety Canada
- If a new offence has been committed after you have received a Record Suspension, the information may lead to your file being reactivated by the CPIC.
Why is it Important to Seek a Record Suspension?
- A Record Suspension can affect many aspects of your life
- A Record Suspension can restrict the adoption process, certifications of certain professions, education and enrollment, rental agreements, employment, purchasing a franchise, and many other facets of a person’s life.
Applying for a record suspension
You must have been convicted of an offence, as an adult in Canada, under a federal act or regulation of Canada OR convicted in another country and transferred to Canada. Exceptions to this rule can be found at: Exceptions: www.laws-lois.justice.gc.
You must have completed all of your sentences by:
- Paying all of your fines, including surcharges, costs, restitution and compensation orders
- Serving all sentences of imprisonment, conditional sentence orders
- Completing any probation order
Completing the waiting period (this can be between 5 and 10 years depending on the offence)
When Can I Apply for a Record Suspension?
You can apply for a Record Suspension once you have met all waiting periods for any and all convictions and all sentences have been completed.
In most cases, it is advisable that you start the application at least 4-6 months prior to eligibility, as the process can take a long time complete. During this time, it is best not to make any travel plans across the border.
You should also ensure that you have paid off all fines, surcharges, costs, restitution and compensation orders. If you are unsure if you have paid off all of your fines, contact Canadian Document Services for a consultation.
What is the Application Process for a Record Suspension?
1) You must complete your sentence of imprisonment, your period of probation and the payment of any fines imposed for your summary offence or indictable offence.
- If you were convicted by indictment, the waiting period is 10 years
- If you were convicted of a summary offence, the waiting period is 5 years
2) When the Board receives your completed application, they will:
- Cause inquiries to be made to ascertain whether you meet all of their requirements
What if My Application for a Record Suspension is refused?
If your record suspension is refused, all is not lost. You may reapply for a record suspension one year and one day after your application is refused. For instance, if you were to apply for a record suspension and it was refused on July 16 2016, you would be able to apply for another record suspension on July 17, 2017.
Can a Record Suspension be revoked once it’s granted?
Your record suspension may be revoked by the Board if:
(a) You are later convicted of an offence referred to in paragraph 4(1)(b) of the Criminal Records Act, other than an offence referred to in subparagraph 7.2(a)(ii)
(b) The Board decides that you have no longer displayed good conduct
(c) You have knowingly made a false or deceptive statement in relation to your application for the record suspension.
Can I apply for an Early Pardon without completing my full sentence?
YES, although certain stringent requirements need to be met.