“Record Suspension” is the new terminology for what has been commonly known as a “Pardon or Canadian Pardon”. Bill C-10 was passed by the Conservative Government in March 2012; the pardon system has been phased out and replaced with the Record Suspension System.

A Record Suspension allows people with a criminal record to have it set aside. This helps them access Adoption, Bond Ability, Citizenship, Child Custody, Education, Employment, Immigration, Volunteering and to reintegrate into society. A sense of personal consciousness is affected when an individual has a criminal record. The shame and stigma that are associated with a criminal history are also removed when a criminal record is suspended. A Record Suspension removes a person’s criminal record from the Canadian Police Information Centre (CPIC) database and gives you peace of mind. This means that a search of CPIC will not show that you have a criminal record or a Record Suspension.

The dictionary defines the word ‘pardon’ as ‘the act of excusing a mistake or offense.’ Though this is a common concept in our daily lives, the word ‘pardon’ encompasses much more than just an act of forgiveness. The word ‘pardon’ is also used to describe the legal process that recognizes a person’s official rehabilitation after they were convicted of a crime.

The Criminal Records Act (CRA) applies only to records kept by Federal organizations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are told that a record suspension has been ordered. The Parole Board of Canada (PBC) is the official and only Federal agency responsible for ordering, denying and revoking record suspensions under the Criminal Records Act (CRA).

Record Suspensions are mandatory in having a criminal conviction record suspended within Canada. If you have been charged and convicted in Canada you have a criminal record. The benefits in being granted a Record Suspension are numerous.

Are You Eligible to Apply for a Record Suspension?

Before applying for a Record Suspension (formerly a Pardon) in Canada you must meet the eligibility requirements. For summary offences you must wait five years from the completion of your sentence before applying, and for indictable offences you must wait ten years. Below is a list to give you an idea of which category some offences fall under.

Summary Offences Include:

  • Assault

  • Disorderly Conduct

  • DUI

  • Fraud Under $5,000.00

  • Mischief

  • Simple Possession

  • Theft Under $5,000.00

  • Spreadsheet creation and maintenance

Indictable Offences Include:

  • Aggravated Assault

  • Assault Causing Bodily Harm

  • Fraud over $5,000.00

  • Possession for the Purpose of Trafficking

  • Robbery

  • Theft Over $5,000.00

People tend to think the Pardon will erase their Criminal Record. This is not true but the reality is that a Pardon does not erase a convicted offence, it only sets it aside. There is also a misunderstanding that a Pardon will allow you to enter the U.S.A., which also is not true. A Pardon does not guarantee entry into the U.S.A. but U.S. Travel Waiver.

Canada Immigration & Business Services (CIBS) Ltd key objective is in providing Canadians on all levels the resources they need to be better equipped in understanding the system and be able to take the steps to achieve a better way of life. CIBS emphasizes rehabilitation of citizens who have made errors in their past and advocate on their behalf to be given a 2nd chance.

CIBS have represented 100’s of clients successfully in presenting their Record Suspension (formerly called Canadian Pardon) applications to the Parole Board of Canada (PBC) since 1999. We are proud to say we have attained a 98% success rate so far, when we represented the Record Suspension Applications.

Contact CIBS to book a confidential appointment to assist you with Record Suspension Application.

Appeal at Parole Board of Canada

The Parole Board of Canada’s (PBC) Appeal Division contributes to the quality of the PBC’s decision-making process, and to the openness, professionalism and accountability of conditional release decisions.

The role of the Appeal Division is to ensure that:

  • The law and Board policy are respected,

  • The rules of fundamental justice are adhered to, and

  • The Board’s decisions are based upon relevant, reliable and persuasive information.

CIBS on behalf of an offender can appeal a Board decision by sending a written notice stating the grounds for the appeal as well as supporting documents within two months after the original decision. The appeal is conducted by way of a file review.

The Appeal Division has jurisdiction to reassess the issue of risk to reoffend and to substitute its discretion for that of the original decision makers, but only where it finds that the decision was unreasonable and unsupported by the information available at the time the decision was made.

Contact CIBS to book a confidential appointment to assist you with the Appeal at Parole Board of Canada.

Clemency Services

In addition to assistance for Record Suspension Applications and Appeals at the Parole Board of Canada, CIBS can help you for Clemency Services. The Royal Prerogative of Mercy (RPM) is a Monarch’s prerogative exercised in Canada by the Governor General or the Governor in Council.

Clemency is granted in exceptional circumstances in deserving cases involving Federal offences, where no other remedy exists in law to reduce severe negative effects of criminal sanctions.

Clemency can be requested for numerous reasons, including employment, perceived inequity, medical conditions, immigration, humanitarian, compassion and financial hardship.

The Governor General or the Governor in Council grants clemency upon the recommendation of a Minister of the Crown. In most cases it is the Minister of Public Safety who makes the recommendation.

Contact CIBS to book a confidential appointment to assist you to request Clemency.

For our list of Paralegal Services, please visit our “Paralegal Services” page.

Looking for a service not listed here? Do not hesitate to Contact CIBS and we may be able to help and if not, we offer to find appropriate specialists free of charge.