Expungement (also called “expunction”) is a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as “setting aside a criminal conviction.”
EXPUNGING (ARREST RECORD DESTRUCTION)
Those individuals who have been arrested and received either a Conditional Discharge, Absolute Discharge or their charges were withdrawn, do not need a Pardon as there is no conviction on the CPIC. However, chances are that the arrest record still exists and can be viewed by law enforcement officials across North America. The finger prints and photographs in the arrest file can be destroyed and the arrest record can be purged.
A pardon is in affect the governments’ way of recognizing that an individual with a criminal record in Canada has been rehabilitated and therefore deserves a second chance without the black mark of a past indiscretion hindering their ability at having a normal and productive life.
Any individual, regardless of residency or citizenship status, who has been convicted of a crime in a Canadian court of law, can apply to have their records permanently sealed – Federal Pardon.
A pardon keeps a judicial record of a conviction separate and apart from other criminal records, and gives law abiding citizens an opportunity to reintegrate into Canadian society.
The CRA removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the Minister of Public Safety Canada.
IMPORTANT LEGISLATION NEWS
Pending changes to legislation may make it more difficult to obtain a pardon (Record Suspension) in the near future. Federal Pardons and Waivers Canada can help.
Check to see if you qualify today by filling out the form.
Eligibility Information
A person applying for a pardon must have done the following:
- completed their sentence (including parole) and have paid any fine or financial penalty
- completed any probation period
- have served a required waiting period
- demonstrated that he or she is a law-abiding citizen
Other criteria may apply.
- ‘Not Eligible’ for indictable convictions for sexual crimes against minors. (certain exceptions apply) (Schedule 1 Offence under CRA)
- ‘Not Eligible’ for criminals with more than three (3) offences prosecuted by indictment, each with a prison sentence of 2 years or more
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It is said that to err is human – we know that good people sometimes make bad decisions. A criminal record can be a sign of past mistakes, but it shouldn’t hold you back from creating a brighter future.
A criminal record can mean missed opportunities, and it can mean automatic refusal of your application, regardless of other factors. We can help you obtain a pardon or record suspension so you can start creating a better future today, both for yourself and for your family. Don’t let past mistakes hold you back.