Information supplied by Makivvik’s Legal Department
If you have a criminal record and would like to obtain a record suspension, here is what you need to know.
What is record suspension?
A record suspension, formerly known as pardon, allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records.
A record suspension has the effect of removing a person’s criminal record from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that the individual has a criminal record or a record suspension.
Why would someone request a record suspension?
Because once granted this helps the person access employment and educational opportunities and to reintegrate into society. People with a criminal record may also encounter issues when travelling abroad in some countries.
Who can apply for record suspension?
To apply for a record suspension, you must have completed all of your sentences, which notably includes: all fines, all sentences of imprisonment, conditional sentences, including parole and statutory release, any probation order(s).
Once you have completed all your sentences, you must have completed the appropriate waiting period before applying. The waiting period is:
• 10 years for an offence prosecuted by indictment; or
• 5 years for an offence that is punishable on summary conviction.
What are the steps?
There are 9 steps to follow:
1. Get your criminal record;
2. Get your court information;
3. Get your military conduct sheet;
4. Get your local police record check;
5. Get a copy of your document to verify your identity;
6. Complete the Schedule 1 – Exception Form;
7. Fill the Record Suspension Form;
8. Complete the Measurable Benefit / Sustainable Rehabilitation Form;
9. Provide the payment of the Application Processing Fee.
How long does it take to get a record suspension?
Once the applications for a record suspension are deemed eligible and complete, the Parole Board of Canada should will be processed within 6 to 24 months depending on the type of offence(s).
Can the process be sped up?
No, it cannot. Don’t trust any company that claims that it can help speed the process or that it can influence the Parole Board of Canada decision.
Is it automatic?
No, submitting the form with all relevant documents doesn’t mean you will automatically get the record suspension. The Parole Board of Canada may propose to refuse to order a record suspension. In such a case, it will notify you in writing of its proposal to refuse and advise you of the entitlement to make any representations to the Parole Board that you believe relevant.
Should I pay a firm to help me?
All any company can do is assist you with the different steps. There is no need to pay a firm to do this. As a beneficiary, you can get the same service from Makivvik’s Justice Department.
How do I contact Makivvik?
If I want to initiate the process for obtaining a record suspension, you may contact our Pardons service at pardons@makivvik.ca or by calling Makivvik. As an initial step, we will assist you in determining if you are eligible to request for a record suspension. If you are not eligible, we will tell you when you could be in the future. If you are eligible, we will assist you throughout out the process until the Parole Board of Canada renders a decision.
The information provided above is a summary. There could be some exceptions, special rules applicable to special cases, etc. For further information, you may contact us or consult the following website: https://www.canada.ca/en/parole-board/services/record-suspensions.html
