Criminal Record Pardons:

Question: How do I apply for a criminal record suspension (pardon) in Ontario, and how long does it take?

Answer: In Ontario, a criminal record suspension application typically requires collecting court records from each jurisdiction, obtaining fingerprints and a criminal record check, confirming you’ve completed all sentences and paid all fines, then submitting a complete package to the Parole Board of Canada; eligibility is often 5 years after a summary conviction sentence ends or 10 years after an indictable sentence ends under Criminal Records Act, R.S.C. 1985, c. C-47, and the full process commonly takes several months to about a year depending on complexity.   DefendCharges.Lawyer is a Lawyer serving clients across Ontario and can help you avoid delays and refusals by ensuring your documents, timelines, and disclosures are accurate, so call (647) 977-5997 to discuss your options.

Criminal Record Suspension Application Procedures

Even good people sometimes do bad things; however, and within reason, the consequences of a mistake should eventually end.  Unfortunately, long after a debt to society is paid, the negative affects of a criminal record can continue to present challenges such as impairing the ability to travel freely, and limiting employment opportunities, among other restrictions.  Removing the limitations arising from the burden of a criminal record can open up a whole new life full of opportunities.

The Law

In March 2012, the Safe Streets and Communities Act, S.C. 2012, Chapter 1, came into effect thereby making many changes to the Criminal Code of Canada, R.S.C. 1985, c. C-46, among other statutes, including the Criminal Records Act, R.S.C. c. C-47, which included changes to the guidelines and procedures for obtaining a pardon, including change of the term pardon to the new term, criminal record suspension. Among the various amendments, the waiting periods for obtaining a record suspension now require that five (5) years have passed since the applicant was last convicted of a summary conviction offence or ten (10) years have passed since the applicant was last convicted of an indictable offence.

Expected Process

Applying for a record suspension may involve various complexities depending on the individual situation of the applicant as the application process requires various supportive documents be obtained from various sources and submitted collectively as a complete package with the primary application documents.  The various supportive documents include court records from the jurisdictions in which convictions were registered, finger print checks, among other things.  The process of gathering the required documents and preparing the properly complete package often takes a few months; and after the package of application document are submitted, a decision may take a few more months.  Overall, the entire process may take up to a year, and maybe more for highly complex situations.

Application Guidelines

When applying for a criminal record suspension you must be in law-abiding status subsequent to the end of your most recent sentence and be without any outstanding fines or fees due to the government such as monies owed for driving offences (traffic tickets), among other things.

Additionally, you must await expiry of the applicable waiting period.  The waiting period is five (5) years after completion of summary conviction sentences or ten (10) years after completion of a sentence for an indictable offence conviction.

Furthermore, persons previous convicted for sexual offences may have limitations applicable to a record suspension.  Persons previously convicted of three, or more, indictable offences involving prison sentences of two (2) years or more, as well as persons previously convicted for sexual offences inflicted upon minor persons are unable to obtain a record suspension (a few very rare exceptions may apply).