Important Grounds to Consider to Be Eligible For Pardon in Canada

Anyone with a criminal record in Canada notwithstanding their immigration status may submit an application for a Canadian pardon for one or more of their offenses once three to five years have passed (Criminal Records Act). Pardons are issued by the National Parole Board. A pardon does not imply that a criminal evidence was removed though it will be taken out of the Canadian Police Information Centre (CPIC) and your criminal document will not be exhibited on any checks of the communal records in Canada, which means that people with pardoned sentences will not be discriminated when they submit an application for a job or for a place in the Canadian Forces or federal authority bureau. The Solicitor General of Canada at all times holds the right to disclose information on previous crimes in spite of your pardon.

It is not essential to be a Canadian citizen or permanent dweller to qualify for a Canada pardons. It is also viable to qualify for pardon if the convicted person was executed to a crime committed in other territory and has been relocated to Canada under the Transfer of Offenders Act. It is not necessary to apply for a pardon if a criminal record consists an unconditional or indefinite freedom. Ever since July 1992, criminal reports of this nature are automatically deleted from the CPIC database one year after an absolute released had been approved and three years for a provisional discharge. The RCMP must be contacted instantly to erase convictions committed prior to July 1992.

For summary offences, three years should pass from the day all charges, costs and compensation were paid and all detentions or community services, try-out orders and parole periods were completed. For indictable offences and those citizens who qualify under the Transfer of Offenders Act the period is five years. Citizens convicted under the National Defence Act must also wait five years if they were fined over $2,000 or if they served above six months in jail or were discharged from the Canadian Forces. All other National Defence penalized applicants should wait three years ahead of applying.

Pardon hopefuls must prove that they have lived as law-abiding persons over the mandatory three to five year period. The National Parole Board seeks advice with a number of organizations including law enforcement agencies like the Royal Canadian Mounted Police (RCMP) who updates not only the guilty verdicts but also the alleged or suspected criminal actions. The NPB also takes into account private allegations, providing there is more than one, against an individual applying for a pardon as well as provincial offences and stayed, dismissed or retreated charges.

If an application for a pardon is successful, the applicant’s criminal record is removed from the CPIC. As a result, whenever a criminal record check is performed the pardoned record will not reveal. The Solicitor General of Canada maintains the right to disclose information on previous pardoned crimes. This takes place rarely – 99% of people pardoned continue to show all of the qualities of law-abiding citizens. However, if the Solicitor General of Canada believes that a pardoned person’s behaviour is a risk to Canadian residents or public security he may decide to reveal particulars of pardoned crimes. Individuals who accept a pardon must attest that they had a 8criminal record for which they have accepted a pardon. Check out Canadian paralegal websites for more information about pardon in Canada.