Pardons
Comprehensive Information
If you need a comprehensive read of the Canadian pardon process, and answers to common questions, we refer you to the work done by one of our fellow branches, the JHS of Alberta. Their Pardons Application Manual (opens in a new window) is one of the best on the Internet.
Having A Criminal Record
Having a criminal record is increasingly becoming a barrier for people looking for employment or applying for a visa to work in another country. It is strongly advised that those with criminal records obtain a pardon as soon as they are eligible.
Those with a criminal record who have had no criminal involvement for several years may request a Federal Pardon from the National Parole Board. You can apply three to five years after the terms of their sentencing are completed (eg. fines paid, probation completed, etc.) A pardon application may be accelerated if you have urgent need to have a clear record, eg job out of the country, etc.
Once A Pardon Is Awarded
Once a pardon is awarded, the record is sealed and may not be accessed without the permission of the Solicitor General of Canada. The Criminal Records Act applies only to records kept at the federal level. You may request your local police force to restrict information about your record after the federal pardon has been awarded. If they agree to do this, a potential employer should be unable to learn about your criminal record through the local police database.
Help With Your Pardon Application
Call our Oshawa office (905-579-8482) to speak with us about the pardon process. If you would like our help facilitating a pardon, you can book an appointment with us.
The total cost is approximately $250, and includes:
- $125 application processing fee, (a cost recovery model for our office resources), payable in CASH only, on your first interview with us.
- $50 money order or certified cheque for the Pardon Board, made payable to the Receiver General for Canada, for pardon processing
- $25 money order or certified cheque for the RCMP, made payable to the Receiver General for Canada to obtain your criminal record
- $30 for the RCMP to obtain from the local police, a full set of fingerprints (this fee can vary between local stations)
- $45 for the local police to perform a local police records check for the area you live in, and for any area you have lived in over the last 5 years (this fee can vary between local stations)
If it has been less than 5 years since you fulfilled the terms of your sentencing, you will need to provide proof that your charge was a Summary Offence. Also, proof that all fines, surcharges, restitution and compensation orders imposed (except if the court decision is over 15 years) have been paid. Sources may be your lawyer, or the court where you were convicted, your bank records, Parole office, receipts, etc. If any court charges are incurred by us, you will be responsible for payment of these as well.
Obtaining a Pardon is a lengthy process, the time varies depending on the speed of certain information being gathered BEFORE the pardon application can actually be presented to the board. The Pardon Board and the RCMP have suffered severe cut backs and are taking longer to complete the work. We have no control over the time frame of the following components:
- Court documents: some documents take several months (in rare cases over a year) to secure. Requests for court documents for pardon pruposes are not considered to be priority by many courts.
- RCMP checks usually take three months, but it can take longer.
- After the application is mailed it usually takes two to three months for the Pardon Board to respond saying they have received it. This does not mean it has started to be processed. Usually it takes another couple of months for the processing to start. At this time the board is reporting the process is taking 18 to 24 months after they receive all of the required documents. Therefore, it is important to realize that some pardons can take up to two years or more before completion.
Acceleration may be possible under certain documented circumstances, eg., if you can secure a letter from an employer stating that you require a clear criminal record for employment purposes.
