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Who grants Record Suspensions?

Who grants Record Suspensions?

The National Parole Board (NPB) was responsible for granting, denying or revoking pardons right up to 13 March, 2012. Since then under the Omnibus Bill C-10, the renamed ‘Parole Board of Canada’ (PBC), became responsible for ordering record suspensions. Just as a pardon would allow your criminal convictions to be ‘kept separate and apart’, the record suspension now allows your criminal convictions to be ‘set aside’ from other criminal records.

Is everyone eligible?

Is everyone eligible?

No. For some, a record suspension will forever be out of reach. A record suspension is unavailable to those who:
  • have been convicted of a Schedule 1 offence (sexual offence involving a child) or
  • have more than three offences prosecuted by indictment, each with a prison sentence of 2 years or more.

When can I apply?

When can I apply?

You can apply after your sentence is complete. Completing a sentence includes:
  • sentences of imprisonment, conditional sentences, including parole and statutory release;
  • the payment of all fines and costs, restitutions and compensation orders must be paid in full and any probation order must be satisfied, and
  • the applicant must then wait a certain period of time from the completion of items 1 and 2; either 5 years for summary offences or 10 years for indictable offences.

What does a Record Suspension cost?

What does a Record Suspension cost?

The Parole Board of Canada requires a payment of $631 with each application. There will be additional fees for fingerprinting, court records and local police record checks. Some applicants may need to pay for affidavits and archive searches when and if they become necessary.

How long does it take?

How long does it take?

A record suspension decision for an offence or offences tried summarily must be rendered within 6 months of its acceptance by the Parole Board of Canada (PBC); a record suspension for an offence or offences tried by indictment must be rendered within 12 months of application acceptance by PBC. Applicants must know, however, collecting the various court and police records may take 4 to 6 months prior to being able to submit the application to the PBC for their acceptance. Total time from start of application to acceptance and then to a decision by the PBC, may be 12 to 18 months.

Aren’t less serious convictions or those from 7 or 10 years ago removed automatically?

Aren’t less serious convictions or those from 7 or 10 years ago removed automatically?

No. The RCMP retains criminal records until the subject of the record reaches one hundred and twenty-five (125) years of age.

Can I get a Record Suspension for Absolute and Conditional Discharges?

Can I get a Record Suspension for Absolute and Conditional Discharges?

No. (But that's a good thing.) Discharges are removed after 1 or 3 years. If you meet the conditions imposed after 24 July, 1992, an Absolute Discharge will be removed or purged after 1 year. A Conditional Discharge is purged after 3 years. Discharges prior to 24 July, 1992 can be purged by writing to the RCMP. For a modest fee, Impact Pardons Plus will handle the request for you.

Request to Purge Absolute and/or Conditional Discharge (RCMP form 3953)

Royal Canadian Mounted Police
Record Suspension and Purge Services
Box 8885 Ottawa, Ontario K1G 3M8
t. (613) 998-6158 f. (613) 957-9063

After getting a Record Suspension, why does my CPIC still come back with charges attached?

After getting a Record Suspension, why does my CPIC still come back with charges attached?

This often happens when the local police agency policy regarding CPICs requires unaddressed charges (withdrawn, stayed, quashed, dismissed, overturned, acquitted, or a finding of not guilty or not guilty due to insanity) be noted on the CPIC if these non-conviction charges seem relevant to the CPIC request.

What are ‘unaddressed’ or ‘non-conviction’ charges?

What are ‘unaddressed’ or ‘non-conviction’ charges?

Unaddressed charges are the charges with which the Crown did not proceed. These charges are commonly referred to as withdrawn, dismissed or stayed and therefore have not been addressed by the court. In effect, you were charged but not convicted. As the Parole Board of Canada (PBC) only works with your convictions, these charges remain on your criminal record even after a record suspension (formally pardon) has been ordered for you.

Can I remove these unaddressed charges?

Can I remove these unaddressed charges?

You can ask or request the police agency (or agencies) remove these non-conviction charges. This is best done in writing after you get a record suspension. Local police – both municipal and provincial – set their own policies and regulations regarding non-convictions so if there are charges from several agencies, separate letters will be required. If your discharge has been automatically removed, you may have to make a separate request to have the FPS associated with your name removed along with the non-conviction charges. Police agencies may or may not grant your request and there are no guarantees. Contact Impact Pardons Plus if you would like further information.

Should you need any assistance with your record suspension application, IPP can help you get through it. If you started when it was a pardon and can't get your head around the new rules, give us a call. IPP will pick it up and run with it.

Putting you on the road to a better tomorrow today, is what we do.

Should you require further information, contact Impact Pardons Plus - Home to Digital Digits

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