How to Receive a Pardon in Canada
In Canada, obtaining a pardon, also known as a record suspension, is a process that can help individuals who have been convicted of a crime clear their criminal record. A pardon can be a significant step towards rebuilding one’s life and removing barriers to employment, travel, and other opportunities. This article outlines the steps to receive a pardon in Canada, providing guidance for those seeking to clear their criminal record.
Understanding the Pardon Process
The first step in obtaining a pardon is to understand the process and the requirements. A pardon is not an automatic process and is subject to strict criteria. It is important to note that a pardon is not the same as an expungement, which completely erases the record of the conviction. Instead, a pardon allows the individual to say they have not been convicted of the offense, provided they have met the necessary conditions.
Eligibility for a Pardon
To be eligible for a pardon, an individual must meet the following criteria:
1. Have completed their sentence, including any probation or parole.
2. Have not been convicted of any other offense since the conviction for which they are seeking a pardon.
3. Have not been charged with any offense since the conviction for which they are seeking a pardon.
4. Have lived in Canada for at least one year following the completion of their sentence.
5. Have not had a pardon revoked.
Applying for a Pardon
Once an individual has determined that they are eligible for a pardon, they can begin the application process. The following steps are involved:
1. Complete the necessary forms: The most important form is the Pardon Application (Pardon Application for an Adult), which can be obtained from the Parole Board of Canada or downloaded from their website.
2. Gather required documents: This includes proof of identity, proof of citizenship or permanent resident status, and a certificate of disposition from the court that sentenced the individual.
3. Pay the application fee: As of 2021, the fee for a pardon application is $631. This fee is non-refundable and must be paid before the application can be processed.
4. Submit the application: The completed application and all required documents should be submitted to the Parole Board of Canada.
Waiting for a Decision
After submitting the application, the individual must wait for the Parole Board of Canada to review it. The processing time can vary, but it typically takes several months. If the application is approved, the individual will receive a pardon. If the application is denied, they may appeal the decision.
Seeking Legal Assistance
Navigating the pardon process can be complex, and many individuals choose to seek legal assistance. A lawyer or legal professional can help ensure that the application is completed correctly and submitted in a timely manner. They can also provide guidance on how to address any issues that may arise during the process.
In conclusion, obtaining a pardon in Canada is a process that requires careful attention to detail and adherence to strict criteria. By understanding the process, meeting the eligibility requirements, and seeking legal assistance when needed, individuals can take the necessary steps to clear their criminal record and move forward with their lives.
