Pardon - Frequently Asked Questions
- What will a pardon do for me?
- What is the difference between pardons and waivers - which is relevant for me?
- Can a person receive a pardon for any crime?
- Can a pardon ever be denied?
- Can a pardon ever be revoked?
- Can sexual offences be pardoned?
- When is a criminal sentence considered completed for pardon eligibility?
- Does a pardon have limitations?
- Can my pardoned record ever be divulged?
- Is it illegal to enter other countries with a criminal record?
- How are criminal records formed?
- What exactly is an Arrest Record?
- What is CPIC and what kind of records does it store?
- What happens to Withdrawn Charges or Stayed Proceedings?
- What are Absolute and Conditional Discharges?
- How are Youth Charges handled?
- What are Peace Bonds, do they affect my pardon?
- Does my employer or landlord have access to my criminal record?
- I would like to adopt. Does having a criminal record affect this?
- I intend to apply for Canadian Citizenship. Does a criminal record affect this?
- What can employers ask me about my criminal record before or after a pardon?
- My criminal record hasn't affected my life yet. Why do I need a pardon?
- What will a pardon do for me?
A pardon is recognition that you have been exhibiting good conduct. The granting of a pardon by the National Parole Board (NPB), under the Criminal Record Act (CRA), means that any federal agency or department that has records of convictions must keep those records separate and apart from other criminal records. The information will be taken out of the Canadian Police Information Centre (CPIC) computer system.
Once you have been pardoned, information about the conviction may not be given out without the approval of the Ministry of Public Safety of Canada.
The Canadian Human Rights Act forbids federal agencies and departments discrimination based on a pardoned record. - What is the difference between
pardons and waivers – which is relevant for me?
A pardon removes a criminal record from searchable systems in Canada. A waiver is a legal document waiving inadmissibility into the U.S. If the U.S. is aware of a criminal record, they will not accept that it has subsequently been pardoned. Therefore, an individual who has been refused entry requires a waiver. A person who has a criminal record in Canada, but has never been refused entry into the US, can obtain a pardon, which would remove their record such that the U.S. could not see it. However, if the U.S. is made aware of the past record, by an attempted entry into the country, that entry could be refused by the U.S. Therefore, it is at the client’s discretion whether they want to try to enter with a pardon, or apprise the U.S. of their record by applying for a waiver.
- Can a person receive a pardon for
any crime?
A person can receive a pardon for any crime if they meet the pardon eligibility requirements. The only offence for which eligibility could never occur is a murder conviction, since the sentence imposed includes indefinite parole. Since the individual could never complete their sentence, they would never meet the eligibility requirement for receiving a federal pardon under the Criminal Records Act.
- Can a pardon ever be denied?
If the application meets the eligibility requirements, the applicant could never be denied outright. However, the National Parole Board does have discretion, and can take good conduct criteria of pardon policy under consideration. If the NPB construes any actions by the applicant within the last five years implying that they have not been of good conduct under the law, the NPB can propose to deny the pardon request. In this circumstance, the applicant will have 60 days to appeal the proposal. If successful, the proposal will be overturned and the pardon will be granted. If the proposal fails, the applicant will have to wait one year before making a further application. If the board requests further material for a pardon application, and the material is not provided in the time allotted, the pardon application may also be considered abandoned.
- Can a pardon ever be revoked?
The Parole Board may revoke a pardon if,
- The NPB finds that the person is no longer exhibiting good conduct;
- The NPB learns that a false statement was made, or relevant information was withheld at the time of the application;
- The applicant is convicted of an indictable offence under a federal act or regulation of Canada;
- The applicant is convicted of an offence punishable either on indictable or summary conviction;
- If the NPB is convinced by new information that the applicant was not eligible for a pardon at the time it was granted or issued.
- Can sexual offences be pardoned?
Sexual offences can be pardoned. When certain sexual offences are pardoned, the individual’s record is flagged. This means that their record reflects that they have been convicted of a sexual type offence, though the details have been removed by the pardon. The flag is not searchable through ordinary searches. However, if the pardoned offender applies for a position in an organization which involves vulnerable persons, those organizations have a special status when searching for criminal records. Such organizations will be notified that an applicant has a flag. The organization can then request the applicant to make their conviction records available.
- When is a criminal sentence considered
completed for pardon eligibility?
- When a person has paid all fines, surcharges, costs, restitutions and compensation orders in full;
- When a person has served all of his/her time, including parole or statutory release; and
- When a person has satisfied his/her probation order.
- Does a pardon have limitations?
Some limitations do apply to pardons;
- A pardon does not destroy the fact that a person was convicted of an offence; A pardon removes your record from searchable systems and keeps it separate;
- A pardon does not guarantee entry or visa privileges to another country;
- A sentence may have included a driving or firearms prohibition order; A pardon will not cancel these prohibition orders;
- A pardon has certain conditions for sexual offences (See the relevant FAQ for more information);
- A pardon will only seal convictions the National Parole Board is made aware of at the time of consideration; If a certain conviction in a court or local police department is not reported to the NPB, it will not be included in the pardon; In this case, a separate pardon application will have to be completed for this conviction.
- Can my pardoned record ever be
divulged?
Under the CRA, only the Ministry of Public Safety of Canada has the authority to disclose information from a pardoned record.
They would only do so in very exceptional circumstances, if they are satisfied that the disclosure is in the interests of the administration of justice, or for any purpose related to the safety or security of Canadians, or any state allied or associated with Canada.
- Is it illegal to enter other countries
with a criminal record?
All foreign countries have laws that prohibit entry by aliens with criminal records. When you attempt to enter another country, you are subjecting yourself to their laws and policies in exchange for the privilege to enter. Certain countries will make exceptions for certain types of offences. For specific details, you should consult the embassy or consulate of a particular country before planning to enter with your record. A pardon will remove your record from the Canadian criminal record repository, searched by foreign countries when you enter.
- How are criminal records formed?
When a local police force or RCMP agency begins investigating a person for a criminal offence, they create local level files. Typically, these files are stored on the Police Information Retrieval System (PIRS) or similar local systems. If the police decide that they have obtained enough evidence to obtain a conviction, they will arrest the subject and forward the charges to the Crown for prosecution.
- What exactly is an Arrest Record?
When an individual is arrested for an offence, a record of their arrest is created on the local police level. The individual is typically fingerprinted and photographed. Even if the individual is ultimately not convicted, the arrest record remains, and can turn up in background checks when this individual applies for a job. Since no conviction exists, these individuals cannot obtain a pardon. However, Pardon Services Canada can have the arrest record(s) purged (destroyed).
- What is CPIC and what kind of
records does it store?
When an individual is convicted and a criminal record is created, the convictions and related non-conviction information are forwarded to the Canadian Police Information System (CPIC), a federally managed criminal record repository.
Records stored on CPIC are stored on the federal level, and can be accessed by law enforcement agencies across Canada. A criminal record search will reveal charges recorded on CPIC. CPIC records are divided into two main classes. In the first class, full convictions and the dispositions (sentences) imposed are recorded. In the second class, non-conviction records are recorded and stored for restricted distribution. However, information for restricted distribution can often appear in background checks. Pardon Services Canada obtains pardons for the whole CPIC record and can also purge non-conviction CPIC records.
- What happens to Withdrawn Charges
or Stayed Proceedings?
When the police forward an individual’s case to the crown for prosecution, the trial may not result in a conviction. The charges may be withdrawn. For example, charges may be withdrawn due to plea bargain activities with the Crown prosecutor. The individual may plead guilty to a lesser charge, in exchange for having a more serious charge withdrawn. The judge presiding over the trial may also decide to stay the proceedings of a charge after consideration of the circumstances.
Both withdrawn and stayed charges are recorded on CPIC for restricted distribution. If an individual has only withdrawn and stayed charges, they do not have a true criminal record, and cannot obtain a pardon. However, these charges often appear in background checks. Pardon Services Canada can have these records purged.
- What are Absolute and Conditional
Discharges?
Discharges are criminal convictions that will automatically be removed from an individuals record after a certain amount of time has elapsed, so long as the subject remains a good citizen. For an absolute discharge, the conviction will be removed one year after the conviction date. For a conditional discharge, the conviction will be removed three years after the conviction date, provided the conditions set out by the judge are satisfied. Typically, the condition is to keep the peace.
Discharges will appear in a background check while they remain on CPIC. However, they can be neither purged nor pardoned during the 1- or 3- year period. A special case arises when a discharge was recorded prior to July 24, 1992. In this case, the record remains on CPIC and must be purged.
When a conviction record contains both conviction(s) and discharge(s), we can have the entire record pardoned.
- How are Youth Charges handled?
If an individual has been sentenced as a juvenile under the Criminal Record Act (CRA), they are given a youth record. A conviction that occurs prior to 18 years of age is not necessarily a youth charge. The Crown may elect to prosecute as an adult. Youth records appear on CPIC for a certain period of time, after which they are removed and held separate. In this way, youth records operate much like self-pardoning convictions. The youth charge will be removed three or five years from sentence completion, for summary or indictable offences, respectively.
When the appropriate time has elapsed and the individual has not been convicted of a new offence, the youth charge is removed. However, if an individual is convicted of an adult offence while a youth conviction is still on record, the youth conviction is frozen onto the individual’s CPIC criminal record. In this case, the youth record will remain on record with the other adult conviction(s), until it can be pardoned. While a youth charge is on CPIC, it can be viewed like any other adult record during a background check.
- What are Peace Bonds, do they
affect my pardon?
A Peace Bond is a special order imposed by a judge between two parties, and is not treated as a criminal conviction. In the formation of a Peace Bond, the two parties agree to certain terms, and the consequences for breaking the terms are set out in the agreement. Though Peace Bonds themselves are not convictions, they can accompany criminal convictions. Likewise, the consequence imposed for breaking a Peace Bond can also result in the creation of a criminal record. Pardon Services Canada can obtain a pardon for any conviction that lead to the creation of, or resulted from the breaking of, a peace bond.
- Does my employer or landlord have
access to my criminal record?
If an employment application/agreement or a rental application/agreement was signed, the document may have contained a paragraph giving the employer or landlord permission to conduct a criminal record search.
- I would like to adopt. Does having
a criminal record affect this?
Yes it does. Before adopting a child, the law requires that a criminal record search be completed. It is best to apply for a pardon before starting such a process.
- I intend to apply for Canadian
Citizenship. Does a criminal record affect this?
Yes it does. Many applications for Canadian citizenship are halted when Canadian Immigration officials request the applicant to obtain a pardon. If the pardon is not completed in time, the application will be rejected, causing a delay of years. It is best to apply for a pardon before beginning the process.
- What can employers ask me about
my criminal record before or after a pardon?
Employers in Ontario, Quebec, British Columbia, Nunavut and the Northwest Territories, and employers that fall under federal jurisdiction cannot ask about conviction records. If information about any criminal record is legitimately needed for employment purposes, the question that can be legally asked “Have you ever been convicted of a criminal offence for which a pardon has not been granted?”. In British Columbia, Quebec, Prince Edward Island, and the Yukon, record of criminal conviction is prohibited grounds for discrimination, which means that even this question would be illegal.
Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. However, it is important to remember that once a criminal record is pardoned, it is removed from searchable systems, and is not accessible by any employers. Moreover, employers in any Canadian jurisdiction can not legally ask applicants if they have ever been arrested.
- My criminal record hasn't affected
my life yet. Why do I need a pardon?
A criminal record will affect your life. A criminal record cannot be ignored. Many clients have contacted us because their criminal records have affected them negatively at the most inopportune time. For instance, they need to travel right away, they need to be bonded, need a security clearance, require it for employment or any other number of reasons. Unfortunately, we must inform them that the process could take up to 24 months and the chances of receiving a pardon sooner are very unlikely unless there are mitigating circumstances. Your criminal record will not disappear unless you do something about it, start your application as soon as you can!
US Entry Waiver – Frequently Asked Questions
- What constitutes a U.S. Entry Waiver?
- What is a crime of Moral Turpitude? Do all these crimes make you inadmissible?
- What does a waiver actually look like?
- Are there any restrictions on a waiver?
- Does the waiver application remove my record in the U.S.?
- What constitutes a U.S. Entry Waiver?
The basis of a United States Entry Waiver is the Form I-192, Application for Advanced Permission to Enter as a Non-Immigrant. Along with these documents, the waiver includes a variety of supplementary documentation, some required, some not, which are designed to build a strong risk assessment. The waiver package must convince the U.S. Citizenship and Immigration Services office that the applicant presents a low risk to their society, and has a reasonably compelling reason to enter the U.S.
- What is a crime of Moral Turpitude?
Do all these crimes make you inadmissible?
A crime of “Moral Turpitude” is a crime which suggests the potential lack of moral character of the person who commits such an offence. Generally speaking, a minor crime of passion or poor decision making, such as a simple assault or drinking under the influence, will not constitute Moral Turpitude. Crimes of theft, fraud, crimes of a sexual nature, crimes involving violence, and crimes involving drugs, all constitute grounds for inadmissibility into the U.S.
Case history has shown that a single crime of moral turpitude will not necessarily be sufficient grounds for inadmissibility under certain, very specific circumstances. Indictable offences and drug offences will not meet the specific criteria. If you have a single crime of moral turpitude, you may wish to take advantage of our research service.
- What does a waiver actually look
like?
A waiver is a single piece of paper, signed by the authority of the Area Port Director or Field Director of the Customs and Border Protection Agency corresponding to your location. The document sets out the term, in years, for which the waiver document is valid for multiple entry. The document will also bear your Alien Registration Number, an important processing number assigned to you by the Department of Homeland Security (DHS).
- Are there any restrictions on a
waiver?
A waiver grants you the same rights to entry or refusal as is afforded any other foreign alien that does not have a criminal record, or any other bases of inadmissibility. When entering with a waiver document, you must have the documents available in order to ensure entry. You will also be subject to possible inspection like any other alien attempting entry into the U.S.
- Does the waiver application remove
my record in the U.S.?
No. A waiver clears you for entry in spite of your criminal record. The waiver does not erase your record.
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