Criminal Record Pardons:

Question: How do I apply for a criminal record suspension in Ontario and what documents and waiting periods are required?

Answer: DefendCharges.Lawyer can help you navigate the record suspension application step-by-step by confirming your eligibility, calculating the correct waiting period (generally 5 years after a summary conviction completion or 10 years after an indictable completion), and building a complete document package from the relevant court and records sources, including any required police and fingerprint checks, so your submission is properly prepared for review.   If you have more complex history, outstanding fines, or timing concerns, a lawyer at DefendCharges.Lawyer can help reduce delays by checking requirements before you file.   Call (647) 977-5997 today to get clear Ontario guidance on your criminal record suspension options.

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Criminal Record Suspension Application Procedures

Everybody has a background with the good, the bad, and even the ugly, details; however, the consequences for mistakes should eventually cease.  For those persons with a criminal record, after a debt to society is paid, the lingering affects of the criminal record often continue with impairment to free travel, restrictions in employment opportunities, and more. A criminal record suspension, formerly known as a pardon, seeks to end the freedom impairing affects of a criminal record.

Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.

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).