Why Do You Need a Canadian Pardon in Canada?
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Criminal records constitute a hindrance to your life by restricting access to employment, career development, training and travel.
Indeed your criminal record can be detrimental to your application if you want a job in many sectors such as banking, insurance, security, government, finance, business.
Your previous criminal record can cause you problems if you wish to travel. To apply for a visa to enter certain countries, you must prove that you are law abiding and your presence does not represent any risk or a hazard to the countries being visited (see more details on the entrance to the United States section);
As a general rule, during the imposition of a sentence, a person who has already endorsed a history judiciary will be dealt with more severely than a person who has never been convicted. The criminal record is the tool that makes it possible to know who has a previous criminal record and who has not;
The criminal record limits your right to training, employment, promotion and obtaining licenses and permits and is also a reason why insurance companies can refuse membership (home insurance, car insurance, health insurance) or you pay high rates.
What are the benefits of The Pardon?
All information about your convictions will be removed from the database of the Canadian Police of Information Center (CPIC) and no information on convictions can be communicated without the authorization of the Minister of Safety Public and Civil Protection. Keep in mind that it is extremely difficult to get this authorization.
The Canadian law related to people's rights prohibits discrimination against persons who have been granted a pardon, whether in the delivery of services to these people or their eligibility for a job in a federal agency. The LCJ stipulates that no job application form used in the federal civil service, may contain questions designed to reveal that a conviction has been granted a pardon. This also applies to Crown Corporations, The Canadian Forces or any company under the federal government.
What are the limits of the pardon?
- The Pardon is not granted to all persons convicted.
- The Pardon does not erase the fact that a person has been convicted.
- The Pardon does not guarantee entry into another country or to obtain a visa.
The LCJ enumerates certain sexual offences. If a person receives a pardon for one of these violations, his file will be kept separate from other records, but an indicator will be associated with his name in the (CPIC) system. This means that an employer could ask for a person's file if that person attempts to get a job which will put them in contact with children or other vulnerable people because of their age or disability.
1. When can you apply for rehabilitation?
The time to apply for a pardon varies with the type of offence and the penalty imposed. The pardon is granted depending on the nature of offences and also whether you have had a good behaviour in accordance with the law during a period of time varying with the nature of the offence committed. (Call to discuss your situation with our consultants) Calla1800. It's free.
2. What is a criminal record?
The criminal record is a record in a registry administered by the Royal Canadian Mounted Police (RCMP), and in which all the information on those found in violation of laws is kept. Even after several years and, even if it concerns a minor offence, the criminal record does not disappear automatically. These traces can be used to justify a harsher sentence in the event of further offences.
3. I have a criminal record but it has no impact on my life so far. Why would I need a Pardon?
In addition to the obvious reasons, which require you to apply for one, such as employment or travel abroad, people who have a criminal record are the most vulnerable to the extent that they can be easily suspected during their existence because their record does not automatically erased. It remains with the person throughout his life. Often, people simply want to get rid of past mistakes. Peace of mind is a common motivation for requesting for a Pardon.
4. How long will it take to get the Pardon?
This is a question most frequently asked to the consultants of our service and the answer is somewhat ambiguous, because each request is unique in its treatment and Pardons and Waivers are granted after a specific process in each case.
A number of contacts with other services is required during the process, such as the RCMP, the court, the local police, as well as the National Parole Board (or DHS), in order to define the specific request.
The treatment of a Pardon or a Waiver is a very serious process, which goes through several stages. Canada Pardon Services puts in place a platform specializing in the evaluation of the duration of the process depending on the data received by each applicant.
It is important to note that given the importance of obtaining forgiveness for many people with time constraints, the Canadian government is undertaking measures aimed at speeding up the process at the National Parole Board. Delays might therefore soon be reduced. Currently, the duration varies from 12 to 18 months, but it depends on the type of crime and the documents required. Duration of the process may be more than 18 months in some cases. Note that other variables come into play in determining the duration for obtaining forgiveness, such as the need to find a job or to keep a joba ..
5. What are the consequences of a criminal record?
The existence of a criminal record includes the following drawbacks:
- Employment (affects your candidacy - loss of promotion or your job - limits access to jobs in the banking, insurance, government, hospital, legal, social, security anda the list is long)
- Investment (limits your chance to obtain credit, permits and licenses - loss of customers and marketsa)
- Inssurances (denial of your application for home insurance, car insurance and life and health - pay high rates)
- Childcare (hinders with your entitlement to care for your children and/or to have a career related with children and makes adoption hard)
- Volunteering (excluded from the opportunity to work and help people feel)
- Travel
- Peace of Mind
- Your immigration status or citizenship in Canada
- Training
- Renting (limits the ability to rent)
- ETC.
6. If I have more than one offence, do I need a Pardon for each one of them?
No. Once you get the Pardon it is valid for all crimes showing on your criminal record, and all the offences are removed from the ICCP (the computer network of the RCMP).
7. If I am once again accused of a crime after obtaining a Pardon, what will happen?
The Pardon is no longer valid if you are accused of a new crime. If this is the case you would be entitled to apply for a second pardon. Otherwise, your criminal record will remain sealed for ever.
8. I am not sure if I need a Pardon or a Waiver, what do I do in this case?
Canada Pardon Services places at your disposal a consultation and assessment session. Its mission is to inform you and to offer appropriate solutions to your situation, for free, they are at your disposal to check your eligibility and how to proceed to guarantee your acceptance. The decision is easy, you just have to contact our consultants.
9. What are the consequences of the Pardon?
With the Pardon, all information and conviction information are removed from the computer system of the Centre for the Canadian Police Information and therefore this will help you find a job, keep your job, enjoy the normal rates of insurance, travela ..
10. In what situations can the Pardon be revoked?
The Pardon may be revoked in the following cases:
Being convicted of a new crime; There is convincing evidence that the person rehabilitated does not behave well. There is convincing evidence that the rehabilitated person provided false information or inaccurate statements when applying for rehabilitation.
11. Is rehabilitation obtained in Canada recognised in a foreign country?
The answer is no, because the Canadian Pardon has no value for several foreign countries, including the United States.
Thus, to visit the United States for example, you need permission from the American authorities, the so-called US-entry Waiver.
12. Will my criminal record be automatically deleted after a certain time?
Unfortunately it will not, you keep your criminal record even after several years and even if it involves a minor offence, the criminal record does not disappear automatically.
13. Can I enter the United States if I have a criminal record?
The American law on immigration is very strict regarding foreigners with a criminal record. Entry into the United States may therefore be refused to persons having a prior criminal record.
14. Does the Canadian Pardon allow me to enter the United States?
Pardon Canada or Pardons from other countries do not automatically allow you to enter the United States. Americans do not recognize the Pardon, and, if an American customs officer asks you about your background, even if you have obtained a Pardon, you must reveal the existence of your records. Consequently, if you plan to go to the United States, you will need to obtain a Waiver.
15. The American Waiver
The Waiver is a paper representing official permission granted by the American government, to people who are not allowed to legally enter the United States.
The consequences can be dramatic for those who are not aware or who take the risk to travel or even to pass through the territory without having the US Waiver. You may be refused entry at the border and your vehicle, belongings and air ticket may be taken away from you. You may even be detained and deported, just because of a simple shoplifting incident at the corner store a long time ago.
16. When can I apply for the Waiver?
The request for the right of entry into the United States (the Waiver) can be made at any time, and is granted at the discretion of a U.S. immigration officer.
The granting of the Waiver is based on the following:
- The degree of your crime
- Potential risks that you could represent to the United States
- The reasons for your visit
- The age of your conviction
- Your situation
The process to get the Waiver is relatively long - all procedures and steps must be taken into account. It is strongly recommended that you make your request as soon as possible to avoid last minute disappointments.
17. How Soon Can I Apply?
Entry Waivers can be applied for at any time and are granted at the discretion of a U.S. immigration officer handling your file based on:
- the risk you are considered to pose to the U.S.;
- the type and seriousness of your offences;
- the purpose of your trip.
Note: only a qualified U.S. immigration attorney can properly advise you about your prospects for gaining entry into the U.S.A. We can help you to secure a Waiver and ensure a hassle free entry.
Waivers are valid for periods ranging from one to five years. Once a U.S. Waiver expires, if you wish to enter the U.S., you must go through the same process again and apply for a new Waiver.
