Lawyer for Record Suspension Applications

Having a criminal record in Canada can impact various aspects of your life, from employment opportunities to housing and even travel restrictions. Fortunately, individuals with a criminal record may be eligible for a record suspension (formerly known as a pardon), which effectively seals the record, limiting public access and offering a fresh start. However, the process for applying for a record suspension can be complex and requires strict compliance with legal requirements. Hiring a lawyer experienced in record suspension applications can significantly improve your chances of success.

In this guide, we’ll explore what record suspensions are, who is eligible, how the application process works, and the benefits of hiring a lawyer to navigate the process.

What is a Record Suspension?

A record suspension is a formal process that removes a criminal record from the Canadian Police Information Centre (CPIC) database, effectively sealing it from public view. It doesn’t erase the record but separates it from active files, making it inaccessible to most background checks. This can allow individuals with a criminal past to move forward without the stigma of a criminal record.

Why Apply for a Record Suspension?

A record suspension can provide significant benefits, including:

1. Improved Employment Opportunities
   • Many employers require background checks, and a criminal record can be a barrier to obtaining a job, particularly in fields such as healthcare, education, and finance. A record suspension can remove this barrier, making it easier to pursue career opportunities.
2. Increased Access to Housing and Education
   • Background checks are also commonly required for housing applications and educational programs. By sealing your criminal record, a record suspension can improve your chances of being accepted into housing and academic programs.
3. Enhanced Travel Opportunities
   • Although a record suspension doesn’t automatically grant access to all countries, it can reduce complications when traveling internationally, as many countries require a clean record for entry.
4. Peace of Mind and Reduced Stigma
   • Having a criminal record can carry a significant social stigma, impacting personal relationships and self-esteem. A record suspension offers peace of mind, allowing individuals to move forward without their past limiting their future.

Who is Eligible for a Record Suspension?

Eligibility for a record suspension depends on several factors, including the type of offence, completion of the sentence, and time elapsed since the end of the sentence.

1. Completion of the Sentence
   • To be eligible, an individual must have completed all aspects of their sentence, including jail time, probation, and any court-ordered fines, restitution, or community service. This means that all components of the sentence must be fully satisfied before applying.
2. Waiting Period
   • There is a waiting period after the sentence is completed before you can apply for a record suspension:
     • 5 Years: For summary offences (less serious offences), the waiting period is five years from the completion of the sentence.
     • 10 Years: For indictable offences (more serious offences), the waiting period is ten years from the completion of the sentence.
   • It’s important to ensure that the waiting period has been met before applying, as applications submitted before the period ends will be denied.
3. Good Conduct
   • Applicants must demonstrate good conduct during the waiting period. This means avoiding any additional criminal charges and abiding by laws. Good conduct may also include evidence of positive community involvement, employment, and stable personal relationships.
4. Certain Offences Are Ineligible
   • Some serious offences are ineligible for record suspensions. These include:
     • Sexual offences involving a minor
     • Certain violent crimes, such as murder or attempted murder
   • Individuals with these types of convictions are permanently barred from applying for a record suspension.

How to Apply for a Record Suspension

The application process for a record suspension involves multiple steps, each requiring attention to detail and compliance with specific requirements. Here’s an overview of the process:

1. Obtain Criminal Record and Court Documents
   • Start by obtaining a copy of your criminal record from the RCMP, as well as relevant court documents related to your conviction. These documents will verify the details of your conviction and confirm that all aspects of your sentence have been completed.
2. Request Local Police Records Check
   • You must provide a police records check from the local police department in the area where you currently reside. This check ensures that you have maintained good conduct and have not committed any further offences during the waiting period.
3. Gather Identification and Proof of Residence
   • You will need valid government-issued identification and proof of residence, such as a utility bill or rental agreement, to verify your identity and address.
4. Fill Out the Record Suspension Application Form
   • The application form requires detailed information about your criminal record, personal history, and conduct during the waiting period. Be meticulous in filling out the form, as even minor errors can lead to delays or rejections.
5. Prepare a Personal Statement
   • Many applications include a personal statement explaining why you are seeking a record suspension. This statement should outline how you have taken steps to improve your life, avoided further legal trouble, and contributed positively to your community.
6. Submit the Application and Pay the Fee
   • Once your application is complete, submit it to the Parole Board of Canada (PBC) along with the required application fee. The PBC will review your application to ensure it meets all eligibility criteria.
7. Application Review and Decision
   • The Parole Board will conduct a thorough review of your application, including examining your criminal record, court documents, and any other information submitted. The PBC will also assess whether a record suspension aligns with public safety.
8. Decision and Notification
   • If your application is approved, you will receive a notification confirming your record suspension. The suspension will be registered in the CPIC database, effectively sealing your record from most background checks. If denied, you may be able to reapply, depending on the specific reasons for denial.

Why Hire a Lawyer for Record Suspension Applications?

Applying for a record suspension is a detailed and complex process that requires strict compliance with all application requirements. While it is possible to complete the application independently, hiring an experienced lawyer can offer several advantages:

1. Expert Knowledge of Eligibility Requirements
   • A lawyer experienced with record suspension applications will ensure that you meet all eligibility requirements before starting the application process. They can also advise on ways to strengthen your application by demonstrating good conduct, such as gathering positive references or showing community involvement.
2. Guidance in Collecting and Organizing Documentation
   • A lawyer can assist you in obtaining and organizing the necessary documentation, including criminal records, court documents, and local police records checks. They can help identify which documents are required and ensure that they are accurate and complete.
3. Error-Free Application Preparation
   • Errors on your application can lead to delays or denials. A lawyer will help you fill out the application form accurately, reducing the risk of errors and improving your chances of approval.
4. Compelling Personal Statement Preparation
   • A personal statement explaining why you are seeking a record suspension is a crucial part of the application. A lawyer can help craft a compelling statement that highlights your rehabilitation, good conduct, and reasons for wanting a fresh start.
5. Timely Submission and Follow-Up
   • Lawyers are familiar with the timelines and submission protocols for record suspension applications. They can ensure that your application is submitted on time, monitor its progress, and handle any follow-up communications with the Parole Board of Canada.
6. Support in Case of Denial
   • If your application is denied, a lawyer can review the reasons for denial, advise on steps to address any deficiencies, and help you prepare a stronger application if you are eligible to reapply.

Potential Challenges in Record Suspension Applications

The record suspension application process can be challenging, and certain obstacles may arise along the way. Here are some potential issues and how a lawyer can help:

1. Incomplete or Inaccurate Documentation
   • Missing or inaccurate documents are one of the leading causes of application delays. A lawyer can help you avoid these issues by reviewing each document for accuracy and completeness before submission.
2. Unclear Eligibility Due to Complex Legal History
   • Some individuals may have complex criminal records or sentencing histories that affect eligibility. A lawyer can review your record, clarify any ambiguities, and determine if a record suspension is possible.
3. Demonstrating Good Conduct
   • Demonstrating good conduct can be subjective, and applicants may struggle to provide sufficient evidence. A lawyer can guide you on building a strong case for good conduct, such as collecting reference letters or showcasing involvement in community programs.
4. Risk of Denial for Certain Offences
   • The Parole Board may be more cautious about approving record suspensions for certain types of offences, such as serious drug charges or multiple convictions. A lawyer can help build a compelling case that emphasizes your rehabilitation and reduced risk of reoffending.

How De Boyrie Law Can Help

At De Boyrie Law, we understand the importance of record suspensions for individuals seeking a fresh start. Our experienced team of criminal defence lawyers has extensive experience guiding clients through the record suspension application process. We can help ensure that your application is complete, accurate, and tailored to maximize your chances of approval. With our guidance, you’ll be well-prepared to navigate the process and move forward with a clean slate.

Schedule a Free Consultation with De Boyrie Law

If you’re considering applying for a record suspension, contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, discuss your options, and help you begin the process toward a fresh start.