About Having Criminal Record

Judges Examining Document

Many people violate law while trying to deal with their everyday life issues: due to the lack of education, awareness of law and its consequences, losing individuality in groups, due to depression, and other mental health issues, drug addictions, and family relationship issues.

It is quite easy to get a criminal record. Simply being accused of a crime, even where a person is not formally charged, will lead to the police to generate an incident or occurrence report. As soon as the police lay charges, most often they take photographs and fingerprints. Although the charge may not result in conviction or withdrawn, still criminal record is created and will remain in police record. Criminal record created many types of obstacles in a person's life. For example obstacles in finding a job, be accepted in school programs, become licensed for employment or business purposes, travel to the U.S.A., volunteering opportunity, rent or buy an apartment or house.

In today's world a police clearance is required for most applications. In order to provide a police clearance, the police will conduct a search of their records to determine if there is any information on file. A police records search will reveal information from police reports and will list all charges. Even very old records will resurface and be disclosed. When the record is discovered and disclosed, and the consequences are realized - such as losing their job, or being turned away at the American border - their lives often fall apart.Similarly, young people, with recent criminal records, are precluded from starting their adult lives on the right path when they can't be admitted to school programs or aren't able to get a decent job, after their record is revealed.

Criminal records create endless problems. Most of all, having a record affects people's self esteem, stigmatized, and left without hope. As a result, they often feel desperate and are more likely to commit another crime.

What Can Be Done To Remove/Erase Criminal Record?

For the most part, criminal records remain on file indefinitely and keep re-appearing at the most inopportune time. Therefore, a person with a criminal record continues to be punished long after the charges were dismissed or withdrawn, unless they take steps to remove/erase it.

How Do I Get A Copy Of A Parole Board Of Canada Decision?​

To request a copy of a Parole Board of Canada decision (PBC) victims should complete and submit the Request for Decision Registry form. If you have difficulty to follow the procedures, please contact Naba, he will assist you to complete the task.

How Do I Get A Copy Of A Parole Board Of Canada Decision?​

​To request a copy of a Parole Board of Canada decision (PBC) victims should complete and submit the Request for Decision Registry form. ​If you have difficulty to follow the procedures, please contact Naba, he will assist you to complete the task. ​File Destruction For Criminal Non-Conviction In Canada. If you had trouble with police in Canada and you were not fully convicted. As soon as the police arrest you, they will have your fingerprint, and it will be in the police record. So, it is important to remove the record from the police, court. When your charges were withdrawn, dismissed and had diversion, you will be in trouble for one year.  As long as it is a one year trouble, Naba can do file destruction for non conviction in Canada. Likewise, if your charges were stayed, peace bond, and absolutely discharge, he can move forward for file destruction. However, if you had conditional discharge, you will be in trouble for 3 years. It is always better to start the process earlier. American authority still can see you were in trouble with law because they may not know the legal terms used in Canada i.e. stayed, dismissed etc. because some legal terms are only used in Canada. When you are fingerprinted by the police, you should remove it otherwise it will remain in the system and show you were in trouble.

When Can You Apply For A Record Suspension?

To be eligible to apply for a Record Suspension, you must first complete all of your sentences and a specified waiting period must have passed. Sentences include:

 

  • All fines, surcharges, costs, restitution and compensation orders;

 

  • All sentences of imprisonment, condition sentences, including parole and statutory release;

 

AND

 

  • Any probation order(s).

 

After completing all of your sentences, you must complete one of the following waiting periods:

 

  • 5 years for a summary offence;

 

OR

 

  • 10 years for an indictable offence.

Methods Of Removing Criminal Records

There are many factors about how a criminal record will be removed, such as: the outcome of the charges, the number of charges, and the policies of the charging police service. Generally speaking,

 

  • If the outcome resulted in a not guilty verdict, a destruction of the person's fingerprint and photographs and the destruction of sealing of the outcome record is required.

 

  • An offence that was discharged requires a purge and a destruction, 

AND

 

  • A conviction requires a Record Suspension

Yes, a Pardon or Record Suspension can be revoked or ceased to have effect if you are:

 

  • Convicted of a new indictable offence, or in some cases, a summary offence;

 

  • Found to no longer be of good conduct;

 

  • Found to have made a false or misleading statement, or hidden information when you applied;

 

OR

  • Found to have been ineligible for a record suspension at the time the Pardon or Record Suspension was ordered.

Important Facts

  • The Parole Board of Canada (PBC) makes conditional release and record suspension decisions. Public safety is the primary concern of the Parole Board of Canada.

 

  • The applicant should prove their identity through the government issued ids.

 

  • You need to provide us the details of your past offences, incarceration and released date to check your eligibility for record suspension application.

 

  • You can check about your eligibility for record suspension yourself:

 

https://www.canada.ca/en/parole-board/services/record-suspensions/step-5-get-a-copy-of-your-document-to-support-your-identity.html

How Much Will It Cost To Get My Criminal Record Suspension?

Our cost to prepare a pardon application is $850. This cost does not include fingerprinting services. Additional costs include:

 

  • $657.77 payable to the Parole Board of Canada

 

  • Approximately $50 payable to your local police

 

  • Approximately $85 for fingerprinting services

 

  • Naba advise our clients to budget approximately $1500 – start to finish – for a criminal record suspension.

It is always essential to produce a clear police report in a person's life - such as getting opportunity to join the school, a job of a volunteer position, buy an apartment or a house, travelling opportunity to the U.S.A. etc. The benefits of removing a criminal record include:

  • An LPRC will no longer show the charge

  • Police information that is destroyed can never surface

  • The American officials will not be able to access the information from the RCMP-providing that the U.S.A.

  • did not have a copy of this information prior to the destruction.

  • It will help you to earn your reputation in the community

  • You will have better chances to find employment

  • You will feel yourself more dignified

  • Volunteer opportunity

  • Abroad travel opportunity

  • Housing opportunity

The following individuals can apply for a Pardon or Record Suspension:

  • Those who have been convicted of an offence in Canada under a federal act or regulation of Canada as an adult;

 

OR

 

  • Those convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or the International Transfer of Offenders Act.

How Long Will It Take To Get My Pardon?

The average processing time for a record suspension takes about 6 – 12 months from starting to the completion. This includes the time it takes to complete the steps required to complete the government paperworks. It is advisable that time frames cannot be guaranteed. Some record suspension will be done faster and some will take a bit longer time. Generally speaking, the more serious your charge(s) the longer it will take. However, some court houses and some police stations in Canada are more difficult to acquire  information than others. So where  you were charged may also play a crucial role in how long it takes.

How Can I Get My Criminal Record Suspension Done Faster?

Any company offering “expedited” or “rush” Criminal Record Suspension/pardon services should be avoided. The truth is that no one has any control over the government agencies involved in preparing a pardon application. Therefore, no one can do a Criminal Record Suspension/pardon any faster simply because you pay more money.