Driving prohibitions and firearms bans are common sentences, but are treated differently with regard to a record suspension. They are not used to calculate a person’s eligibility and are not removed with a record suspension.
Driving prohibitions are most often included in the sentence for drinking and driving convictions or driving under the influence. These prohibitions are often time limited (1-3 years) and are often in conjunction with a fine. In some provinces, like Ontario, this sentence must be completed before your licence is restored. One condition also applied may be a requirement to complete a “back on track” course in order for your licence to be restored.
Although the driving prohibition is part of the sentence, it prohibition does not affect you eligibility for a record suspension (formerly referred to as a pardon). The waiting period to apply for record suspension is calculated from the completion of a sentence (5 year wait for summary offences and 10 years for indictable offences). While fine payments are taken into consideration when determining the completion of a sentence the driving prohibition is not.
Firearms bans tend to be included in convictions of violence or where there was a threat of violence, regardless of the use of a firearms involvement in any offence.
Once a prohibition or ban has been order it will remain until the time period it was ordered for has expired. For example if you were given a 5 year driving prohibition or a 10 year fire arm ban, it will remain in effect for the specified period of time.
To remove a lifetime prohibition or ban there must be a serious reason for doing so. Section 113, s1 of the Criminal Code states the following with regard to removing the ban.
Lifting of prohibition order for sustenance or employment
- 113. (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that
- (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or
- (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,
the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.
What this legislation means is that unless you cannot be employed with a firearms prohibition, or you require a firearm in order to hunt for food to provide for your family, there is no reason for them to remove the ban.
There may be other legal avenue to remove such a prohibition. In speaking with the police regarding the removal of the ban it was also suggested that you may appeal, with the help of a lawyer, your original sentence. Your original sentence may be commuted and the ban changed to a lesser time or removed entirely.
Appealing your sentence may also be a course of action to remove a condition of being on the sex offender registry. Having your name removed from this registry is mentioned in section 490.02 of the criminal code. The exception being that if a person has received a pardon/ record suspension they may apply to have their name removed.
490.02(2) A notice shall not be served on a person:
- (c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
The removal of such prohibitions and bans is possible in some cases. The first step to achieving this starts with getting your pardon or record suspension. Contact our offices today to speak to a client specialist to determine your eligibility for the record suspension.
I am interseted about seeing my options to obtain a speacial drivers licence for work travel. I also am interested in what it takes to travel to the u.s.a with a criminal record.
Any information on either issue is appreciated.
Regards Trevor Ball
Hi Trevor, Thanks for your interest. Please, give us a call and our advisers will be able to answer all of your questions about US Waivers and Fast Cards. 1-866-972-7366
Hi, I am a 34 year old father of 3 with a history of alcohol abuse and a criminal record to portray that.
I’ve been sober for 4 years, 1 year less than my first born.
I received a 5year driving ban for my last conviction in 2012, I have a lifetime driving ban from a conviction in 2005.
Is there anything I can do to have an opportunity to drive again? Just want to be pro active if it’s worth a shot
Hi Jason,
Thank you for your question. Sorry, I cannot tell you if it is possible to overcome the driving ban. We only handle pardons and US Waivers. You would need to speak to a lawyer.
Hey there Jason. Have you found any more info on reducing a driving prohibition.? I have a 10 year from ontario and now in BC they are saying I need to wait 5 years. I have 1 year to go.. but hoping to find away to reduce /clear it.
Cheers
I am pretty sure that I have a lifetime ban from owning a firearm, but not sure. I moved to an acreage with lots of coyotes around and have a cat and dog with me. I would like to get a 22 to keep them away. Could you please investigate for me?
Hi Edward,
Sorry, we don’t offer that service. You could try contacting your local police detachment.
I am wondering how I would go about getting a weapons ban lifted. I have no charges and it is the only thing that comes up on my vulnerable sectre check. I am taking the psw course and can not do the placement with that showing.
Hi Jaimie, Thank you for your question. Unfortunately, we cannot help you with that. You might want to call a lawyer.
Hi I am looking to get info in regards to a pardon and applying for a PAL (firearm restricted certificate) as of Jan 16 /2017 it has been 10 years since I was convicted for a federal offence. I have not once since being convicted had a run in with the Law. Now is my 10 year firearm ban start the day I was convicted or after my warrant expires (received a 2 year plus a day federal sentence)? And another ? Is how do I start the process to apply for a complete pardon (discharge). Any info would help thank you. Oh btw I am in Manitoba Canada
Hi Jason, Sorry we do not deal with firearms bans, so we cannot tell you if you are eligible to apply for the certificate. You might want to check with the local police department in your area.
If you have an indictable offence you must wait 10 years from the end of your sentence to apply for a pardon (Record Suspension). Based on the information you gave, this may mean two more years. However, you might want to start compiling your application six months before the end of the waiting period. This is because you need to collect court records and police records. You can either contact us for assistance (1-866-972-7366) or visit the Parole Board website to start the application on your own.
I have 2 charges for criminal harassment. I applied for a travel waiver and was told by US customs officials at Pearson Airport in Toronto that I do not require a waiver, they said that these charges would not even been looked at when travelling to the USA. They would not process my waiver application that day as they said I would be wasting my money if I did apply for a waiver. I would like to get a record suspension in the mean time and I have most of the documentation in my records for my waiver application. I am reluctant to do this as I don’t want to find out at the end that it is not something that I require. Please advise.
Hi Greg, Thanks for your question. A Record Suspension is useful for travel to other countries other than the United States and for seeking employment and volunteer opportunities. If you already have some documents, it might be easier to apply, but keep in mind that some police checks might expire if you wait to long. Please give us a call to discuss your specific situation at 1-866-972-7366 .
Not sure where to go to find if my firearm is a restriction or a permanent ban. Please direct me as to who or where I could find this information from. Thank you.
Hi Wade, They may be able to tell you at your local police detachment.