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Frequently Asked Questions

The first thing you need to do is to pick a package that best suits your needs. If you want to settle the matter as quickly and efficiently as possible, we recommend a Premium Package. With this service, we will do most of the work. We will leverage our contacts to push the process through as expediently as possible, and we will offer full-service at every step along the way, to make sure that your application is handled as professionally and discreetly as possible.

I want to see the Premium Pardon

If time is not a factor, you may wish to opt for the Standard Package. The serivce is still top-notch, however, what you save in cost, you pay for in time.

I want to see the Standard Pardon

Once you have determined your eligibility, and chosen the appropriate service package, the process begins immediately.

Here is how it works:

Standard and Premium Packages consist of three major stages:

  • We obtain certified copies of your criminal record from the RCMP
  • We request, track and compile, all of the documentation required.

We do this to:

  • Establish your legal eligibility
  • Establish that your citizenship is in good standing
  • Establish your potential for special status*

We petition the National Parole Board for your pardon on your behalf. This third stage is the longest. The NPB screens, assigns and evaluates our petition. This can take at least a year. In this time, we maintain constant communications with the NPB. This persistence is instrumental to the success of your application. With the Basic Package, you need to acquire this documentation on your own, although we will point you in the right direction.

*Our Premium Service Package includes additional services in establishing special status for your application.

The first thing that we do is compile all of the necessary personal information. We then create a computer file specific to your case and circumstance, and finally we prepare the appropriate legal documents for you to sign. Once everything is assembled, we send it to the Department of Homeland Security (DHS) for processing. Pardon Services Canada is the only company with the expertise and years of experience to help you build a strong case for entry. There are some documents that we will require from you; however, we try to make the process as straightforward as possible.

Typical Waiver Requirements (this list is not exhaustive):

  • Criminal Record
  • Court Information
  • Fingerprints
  • Photographs
  • Reference Letters
  • Personal Statement
  • Doctor's Letter
  • Employer Letter
  • Filing Fee of USD$545.00

The requirements for a waiver are different at each DHS and related U.S. Customs Office. We will advise you of the appropriate U.S. DHS office and their requirements, and help to guide you through them. Once all of the documentation and letters are collected, we will review the application for completeness and petition the U.S. DHS district office for the waiver.

Normally, a waiver takes six to ten months from the time the application is filed with the DHS. You will need to be fingerprinted by the DHS at the point of entry, and make a payment to them directly. The amount is: USD$545.00.

Eligibility for a Waiver:

The granting of a waiver is based on three elements:

  • The risk of harm to the U.S. if are admitted.
  • The seriousness of the offence(s).
  • The stated purpose for entering the U.S.

We build your case around these three points to present you in the best light possible. This greatly improves your chance of getting a long term waiver. However, whether or not you will be granted a waiver is up to the discretion of the U.S. Immigration officer reviewing the application, and is not guaranteed. The duration of the waiver ranges from one to five years. Once ready, it will be sent to your residence directly.

I want to find out more about your Waiver Services

Renewing a Waiver:

If you want to maintain uninterrupted access to the U.S., you will need to make an application for renewal far before your current waiver expires. Waiver renewals are similar to regular waiver applications, except that they do not require as much supporting documentation. Also, as a repeat client, we will offer you a reduced service fee to complete a waiver renewal. For renewal of an US Entry Waiver, please do not hesitate to contact our office toll free: 1-866-972-7366

To have a record destroyed it is necessary to follow the procedures laid out by each individual police office and comply with their policies. Much like the pardon process, it begins by having you sign the appropriate documents and providing a set of fingerprints. Evidence of the record(s) in question is gathered, both from the RCMP Identification Services, and from the relevant local level. Local level police policies are then researched and we then create a petition to have your records, photographs and fingerprints destroyed.

The Purge/File Destruction process may take from 6 – 12 months. The process is not guaranteed to be successful. Police maintain the legal right to retain files when it serves the public’s interest to do so. However, Pardon Services Canada has a very high success rate with Purge/File Destruction applications.

Eligibility for a Record Purge/File Destruction

Any withdrawn charge or stay of proceedings record can be purged or destroyed. But note that if there is also a full criminal conviction, a pardon will be needed instead. A pardon, in this case, will also have the effect of removing the withdrawn/stayed charges as well as the conviction(s). For conditional or absolute discharges, only records created before July 1992 can be purged. Discharges that occurred after 1992 are automatically removed.

I want to find out more about your Record Purge Service

The Canadian Government firmly believes that everyone has a right to apply for a pardon. There cannot be true justice without forgiveness and rehabilitation. However, forgiveness must be earned, and it is reserved for the deserving. In line with this philosophy, the National Parole Board has laid out criteria that must be met before a pardon can be granted. All they ask is for proof, on your part, that you have learned from punishment, and that you have been an upstanding citizen ever since. There are two ways to show this, depending on the severity of your case.

If you committed a “summary offence,” you need to demonstrate 3 years of good behavior. This is measured from the date you completed your sentencing. In other words: the moment you paid off all of the fines, and completed all of the necessary service. If you were convicted of an “indictable offence” it takes 5 years to redeem yourself in the eyes of the law.

However: Redemption is redemption. Once you have paid your debt to society there is absolutely no reason why you should be persecuted for your past. That is why pardons exist: To give you the full rights and freedoms that you deserve. If you are wondering what is the difference between a “summary offence” and an “indictable offence” here is a quick synopsis. If you are still not sure, we can help you over the phone.

Summary Offences are mostly driving under the influence, mischief, shoplifting, basic assault, or in general, any offence or conviction carrying a fine of less than $2,000, and/or less than 6 months incarceration.

Indictable Offences include theft over $2,000, trafficking and serious weapon charges, most sexual offences, assault causing bodily harm, all breaking and entering charges, and nearly all charges in which the corresponding sentence includes incarceration of 6 months or greater.

I would like to calculate my eligibility

Determining your eligibility date is quite straightforward.

Start with your conviction date. Then, add the length of your sentence. It doesn’t matter if it was imprisonment, a conditional sentence or community service. Simply jump to the day that everything has been completed. If you had a probation date, start from the day it was finished.

Then, determine whether you committed a “summary” or “indictable” offence from the graph above. If it was summary, add 3 years. If it was indictable add 5 years. If you aren’t sure, give us a call and we can determine the time for you. Remember, the clock doesn’t start until you have paid off your fines. From the moment they are paid, you can add the 3 or 5 years respectively. However, don’t let the time lapse deter you. You can begin your Pardon Application Process up to a year before the eligibility period. Or, better yet, Pardon Services Canada can take care of it. In this way, once you are truly eligible and your 3-5 year wait is up, the process could already be well underway. That is why it is best to contact us as soon as possible.

Note: Technically, we cannot file your application with the National Parole Board until the three or five year eligibility period has been completed. However, if we have compiled all the necessary documentation in advance, you will be set to go exactly on your date. This is where our expertise comes into play. Let us get everything organized beforehand, so we will be set to go the moment your three to five years is up. Without a doubt, this is the fastest way to get your pardon.

I am eligible and would like to apply for a pardon now!

A pardon is recognition that you have paid your debt to society. When the National Parole Board (NPB), under the Criminal Record Act (CRA), grants you a pardon, it means that any federal agency or department that has records of convictions must keep those records separate and apart from other criminal records. This keeps your record removed from police, customs officers, employers and just about anyone else. In accordance to your rights, your information must be taken out of the Canadian Police Information Centre (CPIC) computer system.

Once you have been pardoned, any information about your conviction may not be given out without the approval of the Ministry of Public Safety of Canada. Pardons exist because the Canadian Human Rights Act forbids federal agencies and departments to discriminate against you based on a pardoned record.

I would like to know more about pardons

A pardon removes a criminal record from searchable systems in Canada. A waiver is a legal document waiving inadmissibility into the U.S. In other words, a waiver will grant you access into the States when your record would otherwise prevent you from entering. If you have a record in Canada, and you have been denied entry to the United States, you will need both a Pardon and a Waiver.

If you have a criminal record in Canada, yet you have never been refused entry into the US, you might consider only applying for a pardon. In this way, you can remove your record before the U.S. knows that it exists. However, the U.S. does not recognize Pardons, so if they are made aware of your past record after the pardon, you could be refused by the U.S. Even worse, you could be deported, or detained, or have your property seized. Therefore, it is at your personal discretion whether you want to try to enter after a pardon, or apprise the U.S. of your record by applying for a waiver.

Tell me how I can save on both a Pardon and a U.S. Entry Waiver

I only want a Pardon at this time

I only want a U.S. Entry Waiver at this time

You can receive a pardon for any crime that meets the pardon eligibility requirements. The only offence for which eligibility could never occur is a murder conviction.

If you meet the eligibility requirements, you will never be denied outright. However, the National Parole Board does have discretion, and can take good conduct criteria under consideration. Simply put, if the NPB has a good reason to believe that you haven’t been an upstanding citizen in the last three to five years, they may try to stop you from getting a pardon. In this case, you will have 60 days to appeal their decision. If successful, their ruling will be overturned and the pardon will be granted. If unsuccessful, you will have to wait one full year before making another application. Many times, the board simply requests further material for a pardon application. If this material is not provided in the time allotted, the pardon application may be considered abandoned. One of the benefits of a Premium Pardon Package is that we keep on top of any changes and additional requests to smooth out the process.

The Parole Board may revoke a pardon if:

  • The NPB finds that you are no longer exhibiting good conduct;
  • The NPB discovers that you made false statements or withheld relevant information at the time of the application
  • You are convicted again
  • If new information comes forth which convinces the NPB that you were not eligible for a pardon at the time it was granted or issued.
  • Pardon Application
  • Authorization Waiver(s)
  • Fingerprints
  • Copies of Identification
  • Criminal Record(s)
  • Proof of Conviction(s)
  • Court Document(s)
  • Police Records(s)
  • Military Conduct Report(s)
  • Proof of Canadian Status
  • Employment Documentation

Please note that some documentation requires that we pay out to other government agencies. For instance, fingerprints and court records demand a fee. These fees are a nominal charge: typically $50 to $150. In the process of completing your Standard or Premium Package, we will bill you for these fees separately. Usually, they appear approximately four to five months into the process. Unlike some of our competitors, we like to account for everything in advance. We will itemize these charges so that you are fully aware of what is around the corner, as it is our intention to remain as transparent as possible.

    First, we interview you to assess eligibility
  • Then, we provide you with a consultation
  • Next, we compile your personal information in a secure database
  • We gather the appropriate legal documents for you to sign.
  • Then we set up an individual process-tracking file. This cuts down on the processing time and let’s you know where you are at in your application.
  • We will provide you with a unique file processing number from the National Parole Board (NPB). This allows you to streamline the process.
  • We then obtain certified copies of your criminal record, certified court documents, local police reports, and military documents, in order to the petition the NPB
  • We will review all of your forms and files for any errors or omissions
  • We will manage your file through our expertly trained staff
  • We also keep you up-to-date on the ever-changing government policies, minimizing any disadvantage or inconvenience to you
  • When the National Parole Board (NPB) is ready for your case. We will petition them for a pardon on your behalf
  • We also handle all of the back-and-forth communications with the NPB and other agencies

Throughout the process, we will keep you informed at every new stage. Our communications with you are always handled with the strictest confidentiality. In the process of doing this, we will assign you a personal account number so that you can contact Pardon Services Canada at your leisure to discuss your case. You will have direct telephone access to our Client Services Department.

NOTE: There is approximately $50 to $150 in additional disbursement costs that must be paid for fingerprints, police reports, etc.

I want to start a Standard Pardon application

With a Premium Pardon, you enjoy all of the benefits of a Standard Package, plus:

  • Your files will be treated as ‘priority’
  • We will provide you with personalized “Pardon in Progress” letters, signed by management, that you can pass to third parties to be updated on your progress
  • We ensure that you have extensive court document searches to establish special status for the pardon, if possible. These additional documents could potentially reduce your pardon process by 3 to 6 months, however this cannot be guaranteed
  • We will help you get “expedited status” from the National Parole Board, which could potentially reduce the pardon process by 6 months or more
  • We will provide additional or replacement documents at no extra charge
  • Also, we will provide additional services when appropriate, such as petitioning to correct criminal record errors with the RCMP Identification Services at no additional charge
  • Finally, we provide personalized guidance and instruction in formulating an appeal in the unlikely event that the Parole Board proposes to deny your pardon

I want to start a Premium Pardon application

  • First, we obtain a certified copy of your criminal record;
  • Then, we interview you to determine eligibility and the best course of action
  • Next, we compile your personal information in a secure database
  • Then we complete your legal documents and present them to you to sign
  • While doing so, we create an individual process-tracking computer file, to efficiently manage and track the progress of your file. This streamlines the process and saves time
  • After this, we will guide you through the process of compiling documentation to lower your risk assessment and build a case for entry into the U.S.
  • We will point you in the direction of the Department of Homeland Security (DHS) office in your area and help you with their filing requirements
  • Finally, we will review your application for completeness and accuracy, and petition the regional DHS office for your waiver
  • All throughout this process, you will have direct telephone access to our Client Services Department for assistance
  • NOTE: As of July 30, 2007, all U.S. Entry Waiver applicants are required to make a payment to the Department of Homeland Security in the amount of $US 545.00. This fee is paid
  • directly to the U.S. Government, so financing is not available. This fee is in addition to Pardon Services Canada’s Waiver Application Service Fee of $CDN495.00.

I want to start a Premium Waiver application

Sexual offenses can be pardoned, but carry certain restrictions. After the pardon, sexual criminal record information is removed from searchable systems. However, a flag remains connected to the offenders name on police systems. The flag indicates an offence of a sexual nature was pardoned.

Flag information is not disclosed to any individual or organization, unless they have special status to conduct a vulnerable sector search. Organizations that have direct contact with vulnerable persons, legally defined as minors, elderly, and the mentally disabled, can conduct a special search which will reveal flags. When the flag is revealed, these organizations may then request for the applicant to make their pardoned record available to them.

  1. When you have paid all of your fines, surcharges, costs, restitution's and compensation orders in full
  2. When you have served all of your time, including parole or statutory release
  3. When you have satisfied your probation order

I would like to calculate my eligibility

Some limitations do apply to pardons:

  1. A pardon does not destroy the fact that you were convicted of an offence: it simply removes your record from searchable systems and keeps it separate
  2. A pardon does not guarantee entry or visa privileges to another country
  3. If your sentence included a driving or firearms prohibition order, a pardon will not cancel these orders
  4. A pardon has certain conditions for sexual offences: click here for more information.
  5. A pardon will only seal convictions the National Parole Board is aware of at the time of consideration. If a certain conviction in a court or local police department is not reported to the NPB, it will not be included in the pardon. In this case, a separate pardon application will have to be completed for this conviction.

Under the CRA, only the Ministry of Public Safety of Canada has the authority to disclose information from a pardoned record. However, they would only do so in very exceptional circumstances. The disclosure must be in the interest of the administration of justice, or for any purpose related to the safety or security of Canadians, or any state allied or associated with Canada.

All foreign countries have laws that prohibit entry by those with criminal records. When you attempt to enter another country, you are subjecting yourself to their laws and policies in exchange for the privilege to enter. There are countries that will make exceptions for certain types of offences. For specific details, you should consult the embassy or consulate of a country before planning to enter with your record. With a pardon, your record will be removed from the Canadian criminal record repository, and it will not be searchable at the border.

I would like more information on pardons

When a local police force or RCMP agency begins investigating a criminal offence, they create local level files. Typically, these files are stored on the Police Information Retrieval System (PIRS) or similar local systems. If they decide that they have obtained enough evidence for a conviction, they will arrest the subject and forward the charges to the Crown for prosecution.

When you are arrested for an offence, a record of the arrest is created on the local police level. What follows is fingerprinting and photographing. However, even if you are not convicted, the arrest record remains, and can turn up in background checks when you apply for a job. Because a conviction does not actually exist, you cannot obtain a pardon. However, Pardon Services Canada can have your arrest records purged and destroyed.

When an individual is convicted and a criminal record is created, the information is forwarded to the Canadian Police Information Centre (CPIC), a federally managed criminal record repository. Records stored with the CPIC are available on the federal level, and can be accessed by law enforcement agencies across Canada. A criminal record search will reveal these charges. CPIC records are divided into two main classes. In the first class, full convictions and their sentences are recorded. In the second class, non-conviction records are recorded and stored for restricted distribution. However, information for restricted distribution can often appear in background checks. Pardon Services Canada obtains pardons for the entire CPIC record and can also purge non-conviction CPIC records.

When the police forward your case to The Crown for prosecution, the trial may not result in a conviction. In some cases, the charges may be withdrawn. This happens when there was a plea bargain, or if you plead guilty to a lesser charge in exchange for having a more serious one withdrawn. The judge presiding over the trial may also decide to stay the proceedings of a charge after consideration of the circumstances. However, both withdrawn and stayed charges are recorded on the CPIC for restricted distribution. If the only charges you have are withdrawn or stayed you do not have a true criminal record, and therefore you cannot obtain a pardon. Unfortunately, these charges still may appear in background checks. Pardon Services Canada can have these records purged.

Discharges are criminal convictions that will automatically be removed from your record after a certain amount of time has elapsed, so long as you remain a good citizen. With an absolute discharge, the conviction will be removed one year after the conviction date. With a conditional discharge, the conviction will be removed three years after your conviction date, provided the conditions set out by the judge are satisfied. These conditions are usually simply a matter of keeping the peace. If you do a background check through the CPIC, discharges will appear. However, they can be neither purged nor pardoned during the one to three year period. A special case arises when a discharge was recorded prior to July 24, 1992. In this case, the record remains on CPIC and must be purged. When a conviction record contains both convictions and discharges, a pardon can have the entire record removed.

If you have been sentenced as a juvenile under the Criminal Record Act (CRA), you will have a youth record. A conviction that occurs prior to 18 years of age is not necessarily a youth charge. The Crown may elect to prosecute you as an adult. Youth records appear on CPIC for a certain period of time, after which they are removed and held separate. In this way, youth records operate much like self-pardoning convictions. A summary youth charge will be automatically removed after three years while an indictable youth charge will be removed after five.

If you demonstrate three (or five) years of good behavior, the youth charge will be removed. However, if you are convicted of an adult offence while a youth conviction is still on record, the youth conviction will be frozen onto your CPIC criminal record. In this case, your youth record will remain on file with the other adult convictions, until it can be pardoned. While a youth charge is on the CPIC, it can be viewed like any other adult record with a background check.

A Peace Bond is a special order imposed by a judge between two parties, and is not treated as a criminal conviction. In the formation of a Peace Bond, the two parties agree to certain terms, and the consequences for breaking the terms are set out in the agreement. Though Peace Bonds themselves are not convictions, they can accompany criminal convictions. Likewise, the consequence imposed for breaking a Peace Bond can also result in the creation of a criminal record. Pardon Services Canada can obtain a pardon for any conviction that lead to the creation of, or resulted from the breaking of a peace bond.

If you have signed an employment application/agreement or a rental application/agreement, the document may have contained a paragraph giving the employer or landlord permission to conduct a criminal record search.

Yes. Before adopting a child, the law requires that a criminal record search be completed. It is best to apply for a pardon before starting such a process.

I would like more information on pardons

Yes. Many applications for Canadian citizenship are halted when Canadian Immigration officials ask for a pardon. If the process is not completed in time, the application will be rejected, causing a delay that can stretch on for years. It is recommended that you apply for a pardon before beginning the process.

I would like more information on pardons

Employers in Ontario, Quebec, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records. Additionally, employers that fall under federal jurisdiction are forbidden to ask as well. However, if information about a criminal record is legitimately needed for employment purposes, the question that can be asked in a legal way: “Have you ever been convicted of a criminal offence for which a pardon has not been granted?” In British Columbia, Quebec, Prince Edward Island, and the Yukon, a record of criminal conviction is considered grounds for discrimination, which means that even this question would be illegal.

Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. However, it is important to remember that once a criminal record is pardoned, it is removed from searchable systems, and is not accessible by any employers. Not to mention that employers in any Canadian jurisdiction cannot legally ask applicants if they have ever been arrested.

A criminal record will follow you for life. Many clients have contacted us because their criminal records have affected them negatively at the most inopportune time. There have been cases where they needed to travel right away, or they needed to be bonded, or obtain security clearance, or find a new job. Unfortunately, the process can take up to 24 months and the chances of receiving a pardon sooner are very unlikely. Your criminal record will not disappear unless you do something about it, so it is best to start your application right away.

I would like to start a Pardon

US Entry Waiver – Frequently Asked Questions

The basis of a United States Entry Waiver is Form I-192: Application for Advanced Permission to Enter as a Non-Immigrant. The waiver package must convince the U.S. Citizenship and Immigration Services office that you present a low risk to their society, and that you have a reasonably compelling reason to enter the U.S.

I would like more information on Waivers

A crime of “moral turpitude” is a crime which suggests the potential lack of moral character of the person who commits such an offence. Generally speaking, a minor crime of passion or poor decision making, such as a simple assault or driving under the influence, will not constitute moral turpitude. However, crimes of theft, fraud, crimes of a sexual nature, crimes involving violence, and crimes involving drugs, all constitute grounds for inadmissibility into the U.S.

Usually a single crime of moral turpitude is not enough for you to be denied access. However, we recommend that you get a pardon before attempting to cross a border. Also, feel free to call us at any time to discuss your individual case.

A waiver is a single piece of paper, signed by the authority of the Area Port Director or Field Director of the Customs and Border Protection Agency. The document has your Alien Registration Number, an important processing number assigned to you by the Department of Homeland Security (DHS), as well as the number of years you are able to have multiple-entry access to the United States.

A waiver grants you the same rights to entry or refusal as anyone else. When entering with a waiver document, you must have the documents available. Also, you will be subject to possible inspection like any other alien attempting entry into the U.S.

No. A waiver clears you for entry despite your criminal record. The waiver does not erase your record.

I would like more information on Waivers