Most people want to know what the fastest way that they can obtain a pardon in Canada and that is understandable. After all, most people will want to ensure that they have a clear criminal record as swiftly as possible. In this article, we will discuss 1) What is Pardon in Canada or Record Suspension Canada, 2) How to get a pardon in Canada, 3) What is the process to get a Pardon in Canada, 4) How long it takes to get a Pardons Canada, 5) What is the fastest way to get a Pardon and 6) how much it costs to get a Pardon in Canada.
There are some companies that will make claims regarding the length of time that it will take to obtain a pardon in Canada. However, some of these shorter timeframes may simply be unrealistic and could possibly be a fraud. Many third party business are offering quick & simple process for pardons Canada but it is critical to know if your file is being handled by a reliable business or a Lawyer.
Prior to any further discussion, it is important to note that “Pardons Canada” term is no longer officially used. As of March 2012, Bill C-10, changed the term “pardon” to “record suspension.” Therefore, it is important to understand that the process of getting a pardon in Canada is essentially the same as getting a record suspension in Canada.
A record suspension means a person’s criminal record is removed from the Canadian Police Information Centre (CPIC). Therefore, any criminal background check will not show the person’s criminal record if the suspension is granted. This will help an individual with employment opportunities, promotion, adoption or child custody, obtaining property on rent or applying for a mortgage.
However, it is important to note the following.
We have listed the process of getting a Pardon in Canada or a Record Suspension in Canada in simple and easy to understand language.
Do You Need a Lawyer to get a Pardons in Canada?
No, you do not need a lawyer or pardon service agency to complete your application for a pardon in Canada or record suspension in Canada.
You can complete the application yourself and the Government of Canada guide is fairly simple to follow. Despite the fact, many people prefer to hire a professional to file their application to ensure compliance.
If you had a choice between a Lawyer and a Pardon Service Agency, you should seriously consider hiring a Lawyer to work on your file. Lawyers are licensed professional by the Law Society, they are obligated to maintain a Trust Account and will remain responsible for the work done on your file. The most important aspect of retaining a lawyer is to ensure all your payments are protected since your fees are held in the trust account.
A record suspension application can take from 6 months to 24 months, depending on the type of application and refusal of application timelines. As per Record Suspension report for 2017 – 2018 a summary conviction application is processed in 6 months from the date it was received, and indictable offences are processed within 12 months. If the application is refused, then it could take upto 24 months to process.
It is always recommended to start the process as soon as possible.
When it comes to getting your pardon completed, the simple truth is that there is no way in which your application can be done faster than that of the next application. Any company that make the claim that they will be able to have your pardon claim completed sooner is simply not being truthful. It is a good idea to steer clear of any company who claims to offer an Expedited Pardon Service. In fact there are so many fraudulent Pardon Services companies that Government of Canada has made a specific page to protect yourself from fraud. Click Here to learn more.
As with anything, the average time that you will be looking at will depend entirely on your own individual circumstances. Preparing the actual application can take between 4 to 6 months. However, it can take from 6 to 24 months for the Parole Board to complete the processing of all the paperwork so that they are ready to give a verdict.
The timeframe that is involved in getting a pardon is difficult to pinpoint accurately and is based on experience and the suggested guaranteed time frames that are issued by the Parole Board of Canada.
It is important to mention that not every case takes that long to complete, in fact the majority of applications will be completed within a timeframe of 6 – 12 months. It is usually the most complicated cases that take longer than this. Because everyone understands just how much a criminal record can affect your life the last thing you want is to be given an unrealistic timeframe that nobody is able to guarantee.
Even a very basic application will require a range of information from the courts, the RCMP and a local police service. Information from other sources is also required for some applications.
Let us take a look at someone who has a simple record with just a DUI. First of all, they will need an RCMP report in respect of their record suspension application. The RCMP indicates that it can take around four months to process the request in order to send it out. Some reports can arrive within just a month or two. However, to avoid disappointment, it is wise to believe that it will take the full four months as there is no way of making the process move any faster or knowing how long each individual application will take to process.
The next part of the process involves getting information from the court that a person was convicted in. In some cases, it is possible to request the required information from the courts without the need to wait for an RCMP report. However, this depends on where the conviction occurred, the policies in place in that courthouse and the information the applicant is in receipt of. Regardless of any of this, it normally takes around a month, as a minimum, for the necessary information to be provided.
The final part of the process involves obtaining a Local Police Records Check from the local police department. This check is a special one that is needed for every pardon application. If the person applying for the pardon has lived in multiple jurisdictions over the last couple of years, then they will require a check from each place that they have lived in. Whilst the majority of police departments will only need a couple of weeks to provide the check, some can do it then and there. Unfortunately, in larger cities, checks can take several months. It is rare, but there is no way to speed the process up
Once the application has been completed it can be submitted. Again, there is no way of expediting this process. The Parole Board has indicated that they will process those applications that involve a summary conviction with a timescale of six months and those cases that involve indictable convictions in twelve months.
This is because indictable convictions involve more serious offences, and more time is required to evaluate these applications.
Some applications might be processed quickly but anything less than four months is unusual in the case of summary convictions and eight months for indictable.
It is possible for some applications to be processed quickly, however it is unusual for an application to be processed in less than four months for summary convictions or less than eight months for indictable.
The process is not always smooth, particularly when large government bureaucracies are involved. The courts can take far longer than is expected. Mistakes can be made by the courts, which can lead to delays.
There might be delays with the RCMP, the local police, the courts – all of these things can slow the process down.
If the board is considering a pardon’s refusal, then it can take up to 24 months to process. This might be the case if the application has been in trouble with the police since they were last convicted. The board may then ask for additional information before they arrive at their decision. This can easily add to the timescales because the applicant may have been unaware that they were under the police’s attention.
If you want to avoid unnecessary delays due to missing information in your pardon application, then it might be wise to use an experienced lawyer to. They could give you the confidence that your application ticks all the relevant boxes, so you could avoid any delays in getting you issued.
The official cost of getting a Pardon in Canada is
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