Pardons Canada

Those with criminal records and the employers dealing with the criminal record check of the candidates applying for posts in their organization must be aware of the new changes that come into the police record check that took effect on November 1, 2018. The criminal records check conducted on the Canadian Police Database are usually governed by the Police Records Checks Reform Act, 2015. As per this act, the police records checks have not been regulated. He practices with regard to record checks significantly vary depending on where the check is accomplished. However, the new legislation with regard to the police records check has standardized the procedures governing the record check.

Consent is needed in two stages

As per the new regulation, the candidate whose police records are tobe checked must give his or her written consent in two stages including the following.

In the first place, the concerned individual must give his or her written consent for the conduct of the particular kind of check intended.

In the second place, after receiving the criminal record check Canada results, the individual must give his or her consent to the provider of police records check to give a copy of the check results tot eh organization or persons requesting the check.

The different kinds of checks

The three types of police record checks done in Canada include criminal records check, criminal records and judicial matters check and vulnerable sector check.

Important points arising from the new legislation

The employers and individuals looking forward to conduct the police record check must make sure that the policies and practices adopted for the above checks comply with the Act and all the regulations connected to it.

With regard to the specific kind of check intended and with regard to the disclosure of the results of the police record check, the individual being screened will have to give his or her consent in writing.

The non-conviction information will never be disclosed to the employers unless they make a request for a vulnerable sector check and provided that the criteria for the exceptional kind of disclosure are adequately met.

The act prohibits the seeking of police record check pertaining to an individual in a way other than in compliance with the act or disclosing or using the information gathered for the purposes other than for why it is received and for what purpose it has been authorized by the law.

For a very long time, the process to remove a criminal record Canada has been called as getting a pardon. The official definition of pardon can be explained as this. The act by the government in which a criminal record has been sealed if the person carrying the record is found to have served a sentence without any incident and has been proving oneself as a law abiding citizen without any further convictions. The system of granting a pardon came into vogue long back in order to give the convicted individuals a decent chance to escape the stigma they carry on them provided they are willing to demonstrate a reformed life. Way back in March 2012, the Government of Canada acting through the Parole Board of Canada decided to rename the process as record suspension instead of pardon. Here are the reasons why this rename was effected.

There is no official reason
When the Parole Board of Canada gave the explanation as to why the changes in the terminology were effected, some conclusions came to the surface that explained the rationale behind this decision. The term ‘Pardon’ can mean an act in which a person or an agency extends the forgiveness to some person who has done something wrong. Actually speaking, this is not the way in which the actual act of pardon works in Canada. Pardon is not an irreversible process.

The Minister of Public Safety can have access to the sealed records if there is a dire need to do so. This is especially the case with regard to sexual offenses. Crimes of grave nature can still be reported in public scrutiny. A notification might be sent to the employers performing background check. For example, persons with child molestation charges can never apply for a position in a daycare center. Those individuals who have committed sexual offenses against a minor can never get a pardon or record suspension.

Not forgotten, but only withheld
During an act of pardon the records are only withheld, but not forgotten completely. The Parole Board of Canada felt the term ‘Record Suspension’ will describe the process more accurately than the word ‘pardon’. Though pardon makes a record suspended from the public view, the government is not going to forget what transpired and the information will still be available to be recalled when it is absolutely necessary. Hence the name change was effected.

Securing pardon helps seal your criminal records and thus opens the gates to a life of fair chances in social, professional and personal life. Applying for pardon is a tricky process. If your pardon application is denied and returned to you, read on to know what awaits you.

One of the strong reasons why a pardon application can be denied is that the candidate is not fulfilling the eligibility criteria set down in the rules. The authority that sets down the eligibility criteria for pardon is the Parole Board of Canada (PBC). This is the only federal body that is officially responsible for making decisions to suspend a record enabled by the Criminal Records Act (CRA). This act makes it possible for this body to order for, deny, or revoke a record suspension as it feel appropriate in a given situation. If a pardon application is denied and returned, the candidate can apply once again only after a year.

Reasons why a pardons application can be denied

Not disclosing the past criminal involvement fully
If the candidate does not fill up the application form properly or omits some pieces of information such as outstanding fines, recent charge, some court dates and others, the application can be considered as incomplete and it can be rejected. Hence it is essential to make the full disclosure so that your pardon application moves to the next level.

Sentences of imprisonment are not completed
The PBC will thoroughly check if all the sentences of an imprisonment are fully completed. If this is not done, the application can be rejected.

Documents
As per the PBC requirements, the pardon application must go with original documents, office seals of approval from the courts and police departments concerned, original signatures, and others. Know that photocopies are never allowed. Failing to submit them can lead to the return of application.

Why must you work with a reliable pardon services?
Pardon services have a long and deep experience with the documentation and other formalities to be completed for a pardon application. Hence when you apply for pardon through a pardon service, the chances are almost nil for your application to be rejected. While you benefit from the organization’s experience and knowledge, you also avoid the different hassles, time taken and excessive money spent on the process. Hence find the most suitable pardons services company and route your pardons application through them to land on pardon quicker than you can imagine.

Being convicted for a crime becomes a public record. Those that run a background check can gain access to the entire criminal history of the individual whether the crime is smaller one or a serious felony. These days, most employers, rental housing companies and loan providers run background checks. Criminal record Canada has some collateral consequences and hence there are strong reasons to fight criminal charge. Here are the far reaching consequences of having a criminal record.

Difficulties with employment
Felonies and misdemeanors can make it difficult to secure a job. If the felony convictions of violent in nature related to drugs or sex, employers will never take interest in hiring you. A criminal conviction makes it difficult for them to trust you and maintain a safe working environment after hiring you.

Inability to get good housing
Those with criminal records cannot be approved for a safe and affordable rental housing. This can affect the family of the person with the record. If you cannot find a decent house or apartment, you will not be able to maintain child custody or visitation. Felons that have been convicted report severe difficulties in finding housing.

Ineligibility to get federal student aid
If you have been convicted of drug or sexual offenses, you might not be able to receive grants or loans. This can make it difficult to attend a college or pursue any form of higher education. For drug related convictions, attending a drug rehabilitation program can help regain your eligibility. Looking from several angles, a conviction can delay your education.

Difficulty in getting a professional license
Even if the convicted individual can get a job or get back to their studies, there could be some barriers in getting a professional license. Hence it could be difficult to take up professions such as doctor, nurse or a lawyer. Getting license for many such professions involve disclosing prior convictions.

Firearms restrictions
If you are convicted and if you want to own a firearm, you must wait for not less than five years after serving the prison sentence. In some states, laws permit owning firearms by the convicted individuals only in their homes. It is possible for being charged for unlawful possession of firearm if you have a gun in your vehicle or somewhere else.

Due to the several disadvantages of having a criminal conviction, it is necessary that you take the right steps to suspend your criminal record through the most reliable criminal records suspension company.

When you get a pardon in Canada, you escape the stigma of having to live with a criminal record in the country. For getting your records completely sealed, you must go through the pardon application procedure in a systematic manner. You can either apply for a pardon on your own or get the assistance of a pardon services Canada to get a pardon. However, the second route is the easiest, hassle free and the quickest one as a pardon services is well versed with the nitty-gritty of the whole process. Here is what you need to know about getting a pardon in Canada.

Are you eligible for pardon?
The two main criteria that decide whether you are eligible for the grant of pardon are the waiting period and the nature of your offence.

The waiting period
At present, the waiting period for getting a pardon in Canada is five years for minor offenses like breaching of a parole. In case of indictable offences like serious crimes or assault of a major kind, the waiting period will be 10 years.

The type of offence
For certain offences, the penalties re very severe in Canada. For example, one will invite a stringent penalty in case of a sexual assault against minors. At present, Schedule 1 offence against a minor are not pardonable. You will be ineligible for a pardon if you carry three offences with a sentence of two years or more.

Getting the pardon documents
Once you have determined if you are eligible for pardon, you must get ready with the documents necessary for the process. The following are incumbent to be attached with a pardon application.

Nationwide RCMP Fingerprints
You can get this done at accredited facilities across the country. You must get them through LIVEScan and submit the same to the Civil Fingerprint Screening Service in Ottawa (RCMP) for getting your results.

Proof of convictions
You must make sure all the convictions you face are on your criminal record. If this is not so, you will have to submit a proof for every conviction that is missing.

Court information
The court information gathered from the court that heard your case must be submitted.

Local police record
The local police records for the towns in which you lived over the last five years must all be submitted.

Record Suspension Application form
The record suspension application form must be filled in by filling in all the questions found on two sides of the application form.

A criminal record can ruin your chances of getting employed especially when you do not have a job. It can also deprive you of a lot of chances in the other areas of your life. The employees are very cautious these days about whom they employ and given the tough competition around in the job market, your criminal records make you lose some wonderful and lucrative employment opportunities. When you work with a pardon services Canada or a record suspension services Canada, you can remove a criminal record Canada.

What happens after a record suspension?
Once you have got your criminal records cleared, the situation will be as if you never had any conviction. When you plead guilty, the magistrate might choose not to record a criminal conviction at all. In such a case you will never have a criminal record. In exceptional cases, they can linger on and be accessible to legal or public searches. The employees are very keen on background check of their prospective candidates and such a search can reveal your criminal record to your employer. However, criminal records do not last forever and you will be able to enjoy your fair chances in the employment market once you get record suspension.

Clearing your criminal record is important
Applying through a reputed pardon services Canada is an easy way to get your criminal records suspended. Especially when you are applying for a time sensitive job, choose to volunteer for a social cause, apply for an insurance or work with children, you will need record suspension to move forward. If this does not happen, then there are chances that your job applications or applications for participating in a voluntary service project might be rejected.

Why work with a pardon services Canada
Pardon services Canada are experienced firms that specialize in routing the applications for pardon or record suspension on your behalf. When you apply for a pardon through a record suspension Canada company, your precious time is not wasted and you can quicken the process with a minimal spending. Remember that the applications for pardon are scrutinized so very well. If the applications are not filled up properly or if the right kind of supporting documents are not attached, there are big chances for your application to stand rejected. An accomplished and reliable pardon services Canada can provide you the complete assistance required to get a pardon or record suspension.

After the sentence has been served for a criminal offense and the individual proves their law-abiding nature, a pardon or record suspension makes it possible to keep their criminal record separate from the other ones piled up over there with the law enforcing bodies. Once a pardon or record suspension is issued by the federal government of Canada, the search of the Canadian Police Information Centre (CPIC) will never reveal that you had a criminal record or the fact that you were given a pardon or record suspension.

Pardon and record suspension
For several years in Canada, getting a criminal conviction sealed has been called as getting a pardon. A pardon is usually defined as the act of the government to make people escape the stigma after they have served their sentence for a conviction and proved their law-abiding nature after that. Some time back in 2012, the Canadian government switched the name of ‘Pardon’ to the term ‘Record Suspension’ for some important reasons.

Why the change was effected
The term ‘pardon’ will mean that the government is extending its forgiveness to a person who has been convicted for an offense. Officially speaking, this is never the way in which an incident of legal pardon works. A criminal record can never be forgotten easily. It is only sealed simply not to be visible for any legal or public background checks. Under exceptional circumstances, the Minister of Public Safety can exercise their authority to access the sealed records when needed. Usually this happens only under extraordinary circumstances.

This is particularly true when we talk of sexual offenses. Even if a person has got the records sealed, it can still be flagged and a notification can pop up when the person applies for a job in a vulnerable sector. These are some serious kinds of offenses that would allow for a complete pardon to give a free pass to the person back into the society without any kind of trail. After the name was changed from Pardon to Record Suspension, the laws make it that a person with criminal convictions of sexual nature against a minor can never be eligible for a pardon or record suspension.

Legally speaking, the term record suspension is more accurate than the term pardon. This will give an indication that the past records can never be forgotten, but the individual will not be denied of a decent opportunity to make a respectable life in the society once the sentence was served and they prove their law-abiding nature.

You must choose a reputed and reliable pardons services Canada to get record suspension and gain a fair chance to pursue your social or professional ambitions.

If you happen to be charged with a crime and get fingerprinted in Canada or you have attended any criminal court in the country, you will certainly have a criminal record. A criminal record can seriously affect your career and social life. Remember that a number will be assigned to your fingerprint, name and date of birth even before you go to the court. While criminal records do not get removed automatically, eligible candidates without serious offenses can hope to remove criminal offenses Canada in the following way.

How is a criminal record removed?
The way how a criminal record will be removed will depend on many factors like what is the outcome of the charges, number of charges you have on you and the charging police service’s policies. However, generally speaking, it is done in anyone of the following three ways.

For a non-guilty verdict, the person’s fingerprints and photographs must be destroyed and outcome record must be sealed or destroyed.

The offense that was discharged needs either a destruction or purge.

Convictions will need record suspension also popularly known as pardon.

Non-guilty outcomes
If the outcome is non-guilty, the criminal record file is kept under the legal jurisdiction of the police that charged the candidate. If you can make the police service agree, your fingerprints and photographs will be destroyed and the outcome records will be sealed once for all. To this end, the police service will usually need that the RCMP returns the copy of the criminal record file.

Convictions and Discharges
A conviction will mean being found guilty of a criminal offense. This will need a record suspension also called as pardon. A Canadian pardon is valid indefinitely unless you are found to commit the crime once again. After securing a pardon, you will not have to apply for a record suspension any more.

A discharge will mean the person is found guilty, but no conviction is made. The two kinds of discharges are absolute and conditional. The absolute discharge means there is no sentence or condition to satisfy. A conditional discharge might carry a probation or a fine.

Removal of criminal records significantly differ between convictions and discharges. While a conviction will need a record suspension, a discharge will necessitate an RCMP purge for requesting the local police to seal or destroy the police file. For absolute discharges, the waiting period is one-year and for a conditional discharge it is three years beginning from the final court date.

Also called as record suspension, a pardon allows people to eliminate their criminal records from public view once their sentence is served and they have demonstrated their ability to abide by the law henceforth. Pardons provide a decent chance for the convicted individuals to gain access to professional growth and a remark free social life. Federal government of Canada is the authority providing pardons. Once a pardon is given, any search in the database of the Canadian Police Information center (CPIC) will not reveal that you ever had a criminal record or that you received a pardon.

What is a criminal record?
A criminal record in Canada can be described as a record of the criminal activity of the individual irrespective of the outcome in the court. A criminal record might come up after being arrested by police. It will be maintained in the RCMP in Ottawa. Even if several years have passed and the conviction is for a minor offense, the criminal record might not vanish automatically. A criminal record can place a serious obstacle to employment and career growth. It can also affect travels. Criminal records can also be used to justify harsher punishments if any future offenses are committed by the concerned individual.

How to know if I have a criminal record?
The moment you are charged with a crime, you will have a criminal record coming up irrespective of whether you are guilty or convicted. If fingerprinting is done for the offense, a finger print number is assigned for your name and date of birth, which will continue to exist until you get this record cleared permanently. Even in cases you are not fingerprinted, you will need a pardon or record suspension in the event of being convicted and a file destruction in case you are not convicted.

How do I know if I am eligible for pardon?
If you have waited over the required time period which is from 5 to 10 years after completing the sentence issued, and if you are ready with all the necessary supporting documents and if have demonstrated a good conduct, you are eligible to receive a pardon by the federal government. If your sentences have pronounced more than 2 years of jail time or if the offense was of sexual nature towards a minor or if you have more than three convictions, pardons or record suspensions will not be granted.

How can Canadian pardon services help me?

Applying for pardon is a complicated process. It is time consuming. Any flaws in the documentation or filling up the application can lead to the rejection of your application. Applying through a reliable and accomplished Canada pardon services can help avoid the hassles and also get pardon quickly.

Also known as record suspension, Pardon services Canada is a crucially needed service for Canadians who faced criminal convictions for some reason. Once you have served your sentence, you do deserve a fair chance to move from your past and hope for a good future. Securing pardon will close your criminal records from public visibility and provide you a clean slate to proceed successfully with your career and social life. Though record suspension and pardon services Canada are quite familiar to most Canadians, many are not aware of the cost factors involved in the process. Here is a fair idea on what costs you must bear in order to secure pardon services.

Costs of pardon
You will not need to spend a fortune on obtaining pardon though the exact cost can vary depending on many factors. Individuals with elaborate criminal records of those who have physically moved around through several locations will have to spend more on account of a lot of court records and local police checks. Factors like retaining a lawyer, gathering the paperwork in an unprofessional way, and contracting an unauthorized pardon services can all go into escalate the costs of pardon services. Here are a few ways to bring down the cost of pardon services and save on your spending.

Tips to save money on pardon services
Apply yourself without routing the application through a professional lawyer. Know that you have every right and privilege to apply for pardon and get it sanctioned if the documents and application you submit are satisfactory. If you have a thorough knowledge of the entire process and legalities involved, you can apply for pardon services on your own. If you lack the knowledge and experience to apply for pardon yourself, you can contract a professional pardon services. The pardon services involves several tricky steps that might confuse you and hence moving your application through a reliable pardon services can pay in the long run.

A good pardon services Canada can apply for your pardon services successfully in a way costing you less money and consuming lesser time. Pardon services can ensure that your application is complete and perfect in the first time itself. This can help significantly save a lot of money during the pardon application process. Remember that applications with mistakes will lead to rejection and every time you prepare the application once again you will have to spend a lot of money and time. To sum up, pardon applications is a very unique system in Canada and since pardon services are well experienced with the parole board of Canada, they stand at a better position to quicken your pardon process at a decent spending.