• There are Limitations to a Pardon once granted by the Pardons and Clemency Division of the National Parole Board.

• Many of the provincial and municipal law enforcement agencies co-operate by restricting access to their records once notified that a Pardon has been granted.

• A Pardon granted under the Criminal Records Act applies only to records kept at the Federal Level.

• Foreign governments including the United States may not recognize a Pardon.  A Pardon will not guarantee entry or visa privileges to another country.

• A Pardon does not erase the fact that one was convicted of an offence (summary or Indictable).

• Under normal circumstances it is going to take OTS Services at least four to six  months to compile a Pardon Application for presentation to the National Parole Board. (It currently takes about 150 days for fingerprint records to be returned by the RCMP).

• At the present time the average waiting period for the awarding of a Pardon by the National Parole Board is approximately 18 months after receipt of the Pardon Application.  We understand that the National Parole Board is currently attempting to speed up this process and there are already some instances in which Pardons have been granted within 3 months of submission.

• If a person is subsequently charged with a criminal offence that person's Pardoned Record can be opened at the discretion of the NPB.

• OTS Services fee includes the NPB fee as well as Certification of Fingerprints and Criminal Records but does not include any Local Police Check fees as well as any other fee incurred by the individual.  Our service fee includes up to 3 court record checks (convictions).  Any additional court records may be subject to a service charge.

FREQUENTLY ASKED QUESTIONS

When can I apply for a pardon?
To apply for a pardon, you must have completely served your sentence and a waiting period of either three years for summary convictions or five years for indictable convictions (criminal offences).   For example, if you only received a fine, the waiting period begins the date you paid that fine in full. For any court-imposed surcharge, restitution or compensation orders, term of imprisonment or probation, the waiting period is calculated from the date you completed the entire sentence, including any part of the sentence you may have served in the community. 

What is the process for summary offences?
The National Parole Board will issue a pardon after it has confirmed that you have completed your 3 years waiting period after having completed your sentence of your conviction(s), and determined through the Royal Canadian Mounted Police (RCMP) that you have not been convicted of any other offences since your last conviction. 

What is the process for indictable offences?
The National Parole Board will confirm that you have completed your waiting period, verify through the RCMP that you have had no further convictions and have been of good conduct. The Board will investigate your behaviour since your last conviction.   The Board will then evaluate your application based on your good conduct. Good conduct means you have no further convictions or suspicions or allegations of criminal behaviour. Based on that evaluation, the Board will decide whether to grant or deny a pardon. 

What is the effect of a pardon?
The effect of a pardon, if granted or issued, is that your criminal record will be kept separate and apart from other criminal records and any information pertaining to your convictions and will be taken out of the Canadian Police Information Centre (CPIC).   It is important to realize that a pardon is only kept separate and apart from other criminal records in Canada. If foreign authorities have information about your criminal record in their system, they will not remove it. For example, if the United States Immigration and Naturalisation Service has entered information about your record into their computer, it continues to remain available. 

What does it mean that a criminal record is "kept separate and apart?"
It means that after a pardon is granted or issued, any search of the CPIC will not show that you have a criminal record. It will also not divulge the existence of a pardon, as this would reveal that a conviction had occurred.  This applies to criminal records kept within federal departments and agencies. Courts and police services other than the RCMP are under provincial and municipal legislation. This means that they do not have to keep records of convictions separate and apart from other criminal records, although most do. 

Does a pardon erase a conviction?
A pardon does not erase a conviction. It does not allow a person to say that they do not have a criminal record. The correct response is: "Yes, I have been convicted of a criminal offence for which I have received a pardon." 

Who can divulge a criminal record?
Under the Criminal Records Act, only the Solicitor General of Canada has the authority to disclose information from a pardoned record.  He would only do so in very exceptional circumstances if he is satisfied that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada. 

When asked if I have a criminal record after obtaining a pardon, what should I say?
You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: "Yes, I have been convicted of a criminal offence for which I have been pardoned." 

Is a Canadian pardon recognized outside Canada?
No. Many foreign countries, including the United States (U.S.), do not recognize a Canadian pardon. If you have a criminal record and are interested in going to the U. S., you may want to apply for a U.S. Travel Waiver on Form I192.  This procedure may entail the disclosure of your pardoned criminal record for review by U.S. Citizenship and Immigration Services.  We at OTS Services are prepared to assist you in obtaining a U.S. Travel Waiver.  Please click on the Hypertext link as follows:  U.S. Travel Waiver

Is it true that changes have been made to the Criminal Records Act concerning pardons for sex offenders?
There have been no changes that affect how or whether sex offenders will be granted or denied a pardon.  There were, however, some changes to the legislation that became law in August 2000, which may affect sex offenders who have already been granted a pardon.
These new changes enhance the capacity of police forces to explore the criminal background of those who wish to work with children. This includes a review of criminal records for designated sex offences where a pardon has been granted.  By placing a 'flag' on the records of sex offenders in the Canadian Police Information Centre, police can be alerted that a pardoned record exists so they can request the Solicitor General's authorization to unseal it. When an individual who has been pardoned for a sex offence has applied for a job that involves working with children or vulnerable persons, a member of a police force or other authorized body may verify whether the applicant has been pardoned. Before doing so, however, they must obtain the applicant's consent in writing.  A person or organization that obtains information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application. 

How long does it take to obtain a pardon?
Processing a pardon is something that is taken very seriously. It may take 12 - 18 months to obtain your pardon depending on the type of offence and the documentation that is required. The processing time will vary in each case. Some have taken longer than 18 months to process.  There are numerous elements to consider in processing a pardon application, especially if it is for an indictable offence. This will require a review and decision by a Parole Board member and may involve a lengthy investigation and a number of reports. These reports will have to carefully be reviewed and examined before a decision can be made.

Summary conviction cases however, especially for minor offences committed many years ago may not require as extensive investigation and could be processed much more quickly.