Expunging Criminal Record Suspensions in Canada
The first amendment of the Canada Criminal Records Act states:
“No person may be arrested for any crime unless the arrest is made under the authority of a law officer or any other law enforcement officer authorized by such law.” This amendment has made it possible for anyone to have their criminal history taken into consideration when applying for a passport. However, not all records are accessible to the general public. Depending on your location, Canadian criminal records will either be available through the office of Vital Records or will need to be searched via an Internet service. Many countries around the world also allow criminal record searches by applicants regardless of their location.
Canada Criminal Records Act states:
“A person who commits an offence who is on parole or is under the supervision of the Office of the Parole Board of Canada or the Royal Canadian Mounted Police may not be granted a passport or removable document or admission visa.” In order to qualify for this exemption, a person must state that they have not contravened the provisions of the Criminal Code of Canada “or any other enactment”. The intention here is to prevent the Canadian government from approving travel to and from certain regions or countries which may impose stringent laws on their citizens.
Therefore, when applying for a passport or removal visa in Canada you must check if you meet these criteria.
- If you were convicted of a crime in Canada, but were not a Canadian resident, and were never on parole, you could be removed from the country. The Immigration and Refugee Board (IRB) considers whether you are eligible to make an application for Canadian citizenship. convicted crime When the board finds that you meet the eligibility requirements for citizenship, they will determine if you should be granted refugee status or removed from the country. Canadian criminal record suspension does not affect applicants who have been convicted of offences that are covered by the Canada Criminal Code. This includes violent or firearm related offences.
- Obtaining a Canadian pardon can also be considered if your conviction resulted in sentences which are outside the jurisdiction of the Canadian criminal law. Canada’s pardon laws tend to be more lenient than that of the USA’s. In order to apply for a pardon for a criminal record suspension, an applicant must first demonstrate that the offence did not occur while you were a Canadian citizen or a resident of Canada. If you cannot prove this, your application for a pardon will be declined.
- Hybrid Offences – offenses that fall under two separate crimes are also considered for a Canadian criminal record suspension. For example, you can be convicted of aggravated assault and also have an assault conviction. Your application for a pardon will be denied if you attempt to use this type of criminal record suspension.
Criminal record suspension by pardon applications
Criminal record suspension by pardon applications can be applied to both Criminal Records and Parole Board records. While most of the time, you can apply for a pardon or record suspension directly to the parole board, some provinces have made it easier by permitting a pardon to be submitted via the provincial court system. Parole board convictions cannot be pardon obtained from the criminal courts. These types of criminal record suspensions require the assistance of a private investigator who is licensed through the provincial justice system. Private investigators can assist you with obtaining a record suspension through the Canadian authorities.
Criminal records are always the most challenging to obtain. For this reason, many people who are accused of various offences choose to try to get their records expunged. However, many provinces do not allow criminal records to be expunged. There is no guarantee that applying for expungement will help one’s situation. In some cases, it could worsen the situation.
The Canadian authorities offer several options for those who are looking for expungement. Many of these options do not require the expense of an attorney. Expunging a record does not guarantee a record suspension application process. In some cases it could even increase your risk.