Seeking a Pardon in Canada
An Introduction to Sealing Your Criminal Record
An introduction to sealing a criminal record in Canada including the process for seeking a pardon as well as the benefits and limitations of obtaining a pardon.
A criminal record can create a life long burden that throws up hurdles at unexpected places and times. In Canada the federal government recognizes that not all people with criminal records continue to be criminals. Whether because of a momentary lapse of judgment or because of a lifestyle that has since changed, many people with criminal records live ordinary, law abiding and productive lives. The Canadian government is therefore willing to provide pardons for these citizens in the appropriate circumstances.
To apply for a pardon in Canada a person must have completely served his or her sentence and have lived a crime free life for a certain period of time depending on the nature of the crime committed. For a sentence to be considered completely served a person must have paid all fines, surcharges, costs and other monetary penalties, as well as having served all his or her time including parole and statutory release. The person must also have satisfied all conditions of any probation order.
The time limits beyond the term of the sentence are generally three years for summary convictions and five years for indictable offences. There are also specials provisions under the Transfer of Offenders Act and the National Defence Act for when a pardon can be applied for under offences considered under those acts.
Once a person is pardoned their criminal record is ‘sealed’ from the public and generally cannot be disclosed without the permission of the Minister of Public Safety and Emergency Preparedness. Furthermore, under the Canadian Human Rights Act a person cannot be discriminated against on the basis of a pardoned conviction.
However there are limitations to a pardon. A pardon does not erase a criminal record, it merely seals it off from the public and a pardon may be revoked or cease to have effect if the person is subsequently convicted of another crime. A pardon also only covers federal offences however both provincial and municipal authorities will generally seal their records concurrently if given notice that a pardon has been granted. Finally, a pardon does not affect any records kept by other countries, which means that once a person is entered into a foreign database as having a criminal record in Canada a subsequent pardon will have no effect on that information.
Of particular note for Canadians with criminal records is the fact that once their Canadian criminal record has been entered into the FBI databases in the US a subsequent pardon will not seal that information in those databases. Therefore even after a pardon is granted a person with a criminal record may still be impeded in their travel across the border. A person with a criminal record should therefore look into obtaining a waiver from the US government prior to travelling to the US even if they have obtained a pardon.
Applications to obtain a pardon can be found National Parole board offices, provincial police and RCMP offices, and courts of justice as well as online.
