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OTS Services fee includes the taking of and certification of the RCMP fingerprints and Criminal Records as well as costs related to obtaining Court Records up to three convictions or a maximum of $35.00. While we will prepare all documentation and submit your application to the Parole Board on your behalf, you are responsible to pay for all Local Police Check fees and the Parole Board Application fee.
FREQUENTLY ASKED QUESTIONS
What is a pardon?
A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act (CRA), the Parole Board of Canada (PBC) may grant, deny, or revoke pardons for convictions under federal acts or regulations of Canada.
What is the effect of a pardon? All information pertaining to convictions will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed without permission from the Minister of Public Safety Canada. The CRA applies only to records kept within federal departments and agencies. However, many of the provincial and municipal law enforcement agencies cooperate by restricting access to their records once notified that a pardon has been granted or issued.
The Canadian Human Rights Act forbids discrimination based on a pardoned conviction. This includes services a person needs or the opportunity to work for a federal agency. The CRA states that no employment application form within the federal public service may ask any question that would require an applicant to disclose a pardoned conviction. This also applies to a Crown corporation, the Canadian Forces, or any business within the federal authority.
What are the limitations of a pardon? - A pardon does not erase the fact that a person was convicted of an offence.
- A pardon does not guarantee entry or visa privileges to another country.
- Courts and police services, other than the Royal Canadian Mounted Police (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.
- The CRA lists certain sexual offences. If a person was pardoned for such offences, his/her record will be kept separate and apart, but his/her name will be flagged in the CPIC computer system. This means a person will be asked to let employers see his/her record if this person wants to work with children or with groups that are vulnerable because of their age or disability. The flag is applied regardless of the date of conviction or the date a pardon was granted or issued.
- A sentence may have included various prohibition orders imposed under the Criminal Code, such as a driving or firearms prohibition order. A pardon will not cancel these prohibition orders.
Who may apply for a pardon? A person may apply for a pardon if he/she was convicted of an offence under a federal act or regulation of Canada. A person may apply even if he/she is not a Canadian citizen or a resident of Canada. A person may also apply if he/she was convicted in another country and transferred to Canada under the Transfer of Offenders Act.
When can a person apply for a pardon? Before a person is eligible to apply for a pardon, he/she must have:
- completed all sentences, and
- waited a certain period from the completion of all sentences.
When is a sentence completed?
- When a person has paid all fines, surcharges, costs, restitution and compensation orders in full;
- When a person has served all of his/her time, including parole or statutory release; and
- When a person has satisfied his/her probation order.
What is the waiting period?
- 10 Years
- for a personal injury offence (Section 752 of the Criminal Code) including manslaughter, where a sentence of two or more years was imposed
- for an indictable sexual offence
- 5 years
- for an indictable offence other than a sexual offence
- for a summary sexual offence
- 3 years
- for a summary offence other than a sexual offence
Does a person have to apply for a pardon if given an absolute or conditional discharge? No. A person does not need to apply for a pardon if his/her criminal record consists only of absolute or conditional discharges. Absolute or conditional discharges handed down by the court on or after July 24, 1992 will automatically be removed from the CPIC computer system one year (absolute discharge) or three years (conditional discharge) after the court decision. For discharges given before July 24, 1992, to be removed from the record, a person must contact the RCMP at the following address:
Pardon & Purge Services
Information & Identification Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6158
http://www.rcmp-grc.gc.ca/cr-cj/pp-er-eng.htm
Can a pardon be denied?
Yes, for example, if the PBC finds that a person is not of good conduct. However, he/she may reapply after one year.
Can a pardon be revoked? Yes. The PBC may revoke a pardon if:
- The person is later convicted of a summary offence under a federal act or regulation of Canada;
- The PBC finds that the person is no longer of good conduct; or
- The PBC learns that a false or deceptive statement was made, or relevant information was concealed at the time of the application.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
Can a pardon cease to have effect? Yes, if a person is subsequently convicted of:
- an indictable offence under a federal act or regulation of Canada;
- an offence punishable either on indictable or summary conviction; and
- if the PBC is convinced by new information that the person was not eligible for a pardon at the time it was granted or issued.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
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
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.
http://www.rcmp-grc.gc.ca/cr-cj/pp-er-eng.htm 
