What is a pardon?
A pardon will allow you to have your criminal record removed and sealed. That means your record details will be removed from the Canadian Police Information Centre (CPIC). When a criminal search is completed, it will not reveal the details of your record and that you have received a Pardon.
Please note the exception; sex offenders will not receive the full benefit of a Pardon and may be refused a security clearance for purposes of employment involving children or vulnerable people.
Why should I apply for a Pardon?
Your past may be affecting your future more than you know. A criminal record limits your freedoms to a vast extent. You can be asked for a criminal check at anytime which could result in the loss of a job that you already have, or lose a promotion you were looking forward to. Adoption, licensing, certifications, and even educational opportunities may be unallowable to you. Your records can be removed and sealed and cannot be disclosed without the permission of the Solicitor General of Canada.
Please Note: If you are charged with an offense after you have received a Pardon, your criminal record will be opened again and your Pardon is revoked.
PURGES
What if I wasn’t convicted?
If you were charged with a crime, photographed and fingerprinted, whether you were found not guilty or were never convicted, you still have a criminal record. You receive a fingerprint number (FPS#) which is assigned to your name and date of birth and exists until you apply to have this record destroyed.
Isn’t my record automatically purged?
Yes. A discharge will automatically be purged 1 year after you have received an Absolute Discharge or 3 years after a Conditional Discharge. This is provided that you have abided by all the conditions, if any, that were imposed.
There have been instances of clerical mistakes and your file could be entered as having a conviction. You should request a copy of your criminal record to ensure that everything is correct.
Please note: You still may be inadmissible to the United States for having a Conditional Discharge. Our laws differ from the States in a way that one charge would be considered a minor offence here, but a serious offence in their laws.
U
S ENTRY WAIVERS
I travel all the time to states with a record!
Not all border guards do a criminal check on persons traveling to the States; some do and let you in still. Once across the border you are at serious risk of losing everything even if it is not yours. The car and all personal belongings may be confiscated, you may be detained, convicted, receive a fine, or even lose your job if it requires traveling to the US often.
Do I need a Pardon or a US Entry Waiver?
As mentioned earlier, once a Pardon is received your records are no longer available to be seen without the permission of the Solicitor General of Canada. But, if you have passed through the border and a guard has run a check on you without a Pardon, your criminal record could be downloaded into USA computer system. This inevitably means that it is now property of the INS and FBI. You may still be unable to enter with a Pardon as the USA does not recognize Pardons, so it stands that a US Entry Waiver is still a priority if you wish to travel without any inconvenience.
ELIGIBILITY
When can I apply?
Pardons are subject to complete satisfaction of your sentence.
Conditional and Summary Offences: after 3 years
Indictable Offences: after 5 years
Absolute Discharge: after 1 year
Withdrawn, dismissed, or acquitted: 3 months
Pardon Refusals and Good Conduct Criteria
Your Pardon may be denied if one of the following occurred within the past 5 years