Removing Your Record

A Pardon is a document that seals the federal records of someone convicted of a crime so that it is no longer visible. A Pardon is a formal recognition that a person who was convicted of a criminal offence and has completed a sentence has demonstrated law-abiding behavior in the community for a prescribed number of years.

An application must be made under the Criminal Records Act (CRA), intended to help people with past offences who are now law-abiding citizens. The Act authorizes the Parole Board of Canada (PBC) to grant or refuse to grant pardons to persons convicted of offences under federal acts and regulations of Canada and to revoke a pardon or, under specific circumstances, declare that a pardon ceases to have effect.

A pardon is evidence that the conviction should no longer reflect negatively on a person's character. In support of this statement, the CRA restricts access to records under federal jurisidiction and removes any disqualifications that would result from a conviction. With regard to employment, the CRA specifies that information about pardoned offences shall not be sought in the employment applications of organizations under federal jurisdiction. In addition, the Canadian Human Rights Act forbids federal agencies and departments to discriminate against an individual based on a pardoned record.

A criminal record can follow you for life. It can affect your career and travel opportunities, your social life, and your peace of mind. A Pardon affirms that you are now of good conduct so that any past convictions no longer reflect adversely upon your character.

This opens the door to employment, travel, and volunteering opportunities; as well, it provides relief from the stigma of having a criminal record.

If you have been charged with a criminal offence for which there is no conviction, and even if the charge is subsequently dismissed, withdrawn or stayed, you have a criminal record. The record of the fact that you were charged - as well as your fingerprints, photographs, and any other information you gave at the time of your arrest - is kept on file in the Canadian Police Information Centre (CPIC) database.

To clear your record, we petition the local police agency requesting that your file, including photographs and fingerprints, be destroyed in order to delete your police file. This process can take from 6 to 12 months.

Police do maintain the right to retain files when they determine it is in the public’s best interest to do so. Each individual police agency has its own procedures and requirements relating to these applications. Deleting your police file will enable you to freely obtain employment, advance your education, and volunteer.

Pardon eligibility is determined by the Criminal Records Act. Before an application will be considered, an eligibility period of three,  five, or ten years must have elapsed after the expiration of any sentence imposed. In the case of a summary conviction, the wait period is three years. For an indictable conviction, it is five years. For a personal injury conviction (with a sentence of two years or more) or for an indictable sexual offence, the wait period is ten years. Your full sentence must have been satisfied, including any prison term, period of probation, and payment of any fine. You must also remain of good conduct.

While we cannot technically file your application until the eligibility period is met, we can begin the process sooner ensuring your application is filed as soon as you become eligible. Call one of our Client Specialists to determine if you are eligible.

A Pardon removes your criminal record from searchable computer databases. It affirms that you are now of good conduct and that any past convictions will no longer adversely reflect upon your character. This opens the doors to employment, travel, and volunteering opportunities. It also provides relief from the stigma of the criminal record, bringing you peace of mind.

A Pardon removes your criminal record from searchable computer databases in Canada. A U.S. Entry Waiver is a legal document allowing you entry into the United States. The US Entry Waiver grants you admissibility that would otherwise be denied, given your criminal past. If you have been denied entry into the U.S., you will require a Waiver. If you have a criminal record in Canada, yet you have never been refused entry into the United States, you might consider only a Pardon. However, in that the United States does not recognize Canadian Pardons, if U.S. border officials are made aware of your record even after you have received a Pardon, you could still be refused entry, be deported, be detained, or have property seized.

No. Murder convictions and any convictions carrying a life sentence cannot be pardoned.

The National Parole Board has discretion when considering your conduct during the three-, five-, or ten-year eligibility period. If you meet the eligibility requirements, rarely will a Pardon not be granted. In the rare cases when the NPB issues a Proposal to Deny, you have 60 days to appeal the finding. Typically, a letter of circumstances is required from you outlining the basis of your appeal. If successful, the Board’s ruling will be overturned. If unsuccessful, you would have to wait another full year to reapply.

An estimated 55% of people who file without assistance see their applications denied or returned. Our service relating to Pardon applications carries a full money-back guarantee.

The National Parole Board may revoke a Pardon if:

• The Board determines you are no longer exhibiting good conduct
• The Board discovers you made false statements or withheld relevant information at the time of your application
• You are convicted again
• New information emerges convincing the Board that you were not eligible at the time it was issued or granted

You will need to:

• Sign the required Pardon application we compile for you
• Obtain a set of fingerprints from your local police detachment or another authorized private fingerprinting service 
• Provide copies of identification
• Provide proof of Canadian citizenship
• Provide employment documentation (or previous year’s tax assessment)

We will obtain on your behalf:

• A certified copy of your criminal record 
• Required court documents
• Required local police checks where permitted, or advise you about attending these agencies in person
• Your Military Conduct Report, if applicable

While we pay certain fees charged by any third party listed above (disbursements) on behalf of our clients up-front, these are charged back to you. Typically, these range from $50 - $150.

An estimated 55% of applications for Pardons filed directly by individuals without assistance are rejected or returned as incomplete or ineligible. Many people find the process time-consuming, difficult, and lengthy. Our tried-and-tested methods, together with our contacts with police agencies and courts across the country as well as the National Parole Board, ensure you receive the fastest service possible at affordable rates.

Our premium service is the fastest way to remove your record. We push the process through as quickly as possible:

• Formulating all required legal documents for your signature
• Creating a unique process-tracking computer file using our custom database technology
• Obtaining certified copies of your criminal record, court documents, local police reports, and military service records, if applicable
• Reviewing all forms and files for any errors or omissions
• Petitioning the National Parole Board for your pardon on your behalf
• Receiving and managing all communications from external agencies
• Expediting activities to fast track your application by 6 months or more
• Providing personalized “Pardon in Progress” letters for you to provide to third parties, confirming your expedited Pardon process
• Providing additional requested documents and services at no additional charge
• Assigning priority status for response to your enquiries
• Sending your documents by secured priority mail

This process ensures the greatest chance for your success. Payment options are available to meet every budget. We are fast, we are reliable, and we are affordable.

Some limitations do apply to Pardons:

• A Pardon does not erase your record; it moves it to a non-searchable, “sealed” database.
• A Pardon does not guarantee entry or visa privileges to other countries.
• A Pardon does not cancel driving or firearms prohibitions.
• A Pardon only “seals” convictions that the National Parole Board is aware of at the time it considers your file. If the Board is not made aware of a specific conviction, that conviction is not included in your Pardon and a further application is required.

Yes. Sexual offences can be pardoned. However, these records while “sealed” are flagged denoting the nature of the offence. While your record will not appear in normal searches, should an organization working with the vulnerable sector (children, mentally disabled, elderly), with your permission, conduct a search, it will be advised of the flag. Knowing this, they likely would want you to disclose details of your record.

A Peace Bond is a special order imposed by a judge between two parties and is not treated as a criminal conviction. In forming a Peace Bond, the parties agree to certain terms, and the consequences for breaching the terms are set out in the agreement. Only when the agreement is breached resulting in a criminal conviction is a Pardon necessary.

Only when you have authorized a current or prospective employer or landlord in writing can he or she undertake a criminal record search.

Employers in Ontario, British Columbia, Nunavut, and the Northwest Territories cannot ask about conviction records, nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes, the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?” In British Columbia, Quebec, PEI, and the Yukon, a record of criminal conviction is considered grounds for discrimination, making even this question illegal.

Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland, and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a Pardon is granted, though, it is “sealed”; thus, it is not accessible by any employer. Further, it is illegal in all jurisdictions to ask applicants if they have ever been arrested. 

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

Yes. A criminal record may result in the denial of Canadian citizenship. It is recommended that you apply for a Pardon before applying for citizenship. If the Pardon is not granted in time, the application for citizenship will be rejected causing a delay that can stretch on for years. No federal agency can discriminate against a pardoned record.

Yes, and we take the added step of obtaining your Military Conduct Record from the National Archives or your Commanding Officer as required by the National Parole Board.

• You need to obtain a set of fingerprints from your local police detachment or another authorized private fingerprinting service. We will advise you on the most expeditious way to get this done depending on your location.
• We have you sign the required National Parole Board application.
• We obtain a certified copy of your criminal record, which is required by the Board to determine what local police checks and court documents will be required to successfully complete your petition.
• Depending on the jurisdiction, we may need to ask you to attend your local police detachment in person to get the required police check. Each police agency has its own rules and requirements.
• Once we have all the documents we need from the various agencies, we are able to finalize your application and petition the National Parole Board on your behalf.

As your legal representatives, we will receive and manage all communications with the police, courts, and the NPB. Your employer, family members, or neighbours will not be contacted.

With our standard service, we anticipate a 12- to 18-month processing time. With our premium service, we expedite your application every step of the way. The process can take from 6 to 12 months; this is largely dependent on the extent of your record and the number of police and court checks we need to obtain. It also depends on each individual court and police agency attending to our requests as expeditiously as possible.

Often we are able to accomplish this sooner but our experience suggests our timelines are genuine and real. Our Client Specialists would be pleased to discuss your personal situation with you.