How to Apply for a Record Suspension in Canada

The Criminal Records Act, also known as Bill C-93, allows individuals to apply for a record suspension in Canada. This process affects individuals with a criminal record who have completed their sentence and are seeking to reintegrate into society.

As of March 2020, applicants must meet the eligibility requirements outlined in the Act.

Record Suspension Law and Standard

The record suspension process is governed by the Criminal Records Act, specifically Section 4.1, which outlines the eligibility criteria and application process. The Parole Board of Canada uses the “measurable benefit” legal standard to determine whether a record suspension would provide a measurable benefit to the applicant and would not bring the administration of justice into disrepute.

Under Section 4.2 of the Act, the Board must consider the nature, gravity, and duration of the offence, as well as the applicant’s criminal history and any other relevant factors, when making its decision. The Board has 6 months to render a decision, as per Section 7 of the Act, after receiving a complete application.

Eligibility and Requirements

To be eligible for a record suspension, an individual must have completed their sentence, including any probation or parole, and must have waited the required waiting period, which is 3-10 years, depending on the offence, as outlined in Section 3 of the Act. The waiting period for summary offences is 3 years, while indictable offences have a waiting period of 5-10 years, with a maximum fine of $5,000.

In plain terms, this means that applicants must have demonstrated good behaviour and must not have been convicted of any new offences during the waiting period. The applicant must also meet the residency requirement, which is 1 year in Canada, as per Section 2 of the Act, and have a minimum income of $20,000 per year.

Required Documents

To apply for a record suspension, an individual must submit a complete application, which includes a $631 application fee, as per the Parole Board of Canada’s fee schedule, and the following documents: a certified copy of their criminal record, a court information document, and a Measurable Benefit/Sustainability of Rehabilitation document. The documents can be obtained from the Royal Canadian Mounted Police and the local court.

In practice, this means that applicants must gather all required documents and submit them to the Parole Board of Canada within 30 days of receiving the application package. Common mistakes include incomplete applications, missing documents, and incorrect payment of the application fee, which can result in a $100 penalty.

The Filing Process

Step 1: Obtain the Application Package

The first step in the record suspension process is to obtain the application package from the Parole Board of Canada. The package can be downloaded from the Board’s website or obtained in person from a local office. The package includes the application form, instructions, and a list of required documents.

This is where the law gets teeth, as applicants must ensure that they have all the required documents and information before submitting their application. The application package must be submitted within 6 months of receiving it, as per Section 5 of the Act.

Step 2: Complete the Application Form

The application form must be completed in full and accurately, as any errors or omissions can result in delays or rejection of the application. The form requires information about the applicant’s personal history, criminal record, and rehabilitation efforts. The form must be signed and dated, and the applicant must provide a $50 fee for the certification of the form.

The applicant must also provide a detailed explanation of the offence, including the circumstances surrounding the offence and any factors that contributed to it. The explanation must be no more than 2 pages in length and must be submitted within 30 days of receiving the application package.

Step 3: Gather Required Documents

The applicant must gather all required documents, including a certified copy of their criminal record, a court information document, and a Measurable Benefit/Sustainability of Rehabilitation document. The documents can be obtained from the Royal Canadian Mounted Police and the local court, and must be submitted within 60 days of receiving the application package.

In plain terms, this means that applicants must provide evidence of their rehabilitation efforts and demonstrate that they have been rehabilitated and are no longer a risk to society. The documents must be certified and must be no more than 6 months old.

Step 4: Submit the Application

The completed application package, including all required documents, must be submitted to the Parole Board of Canada within 90 days of receiving the package. The application must be submitted in person or by mail, and the applicant must provide a $100 fee for the processing of the application.

The Board has 6 months to render a decision, as per Section 7 of the Act, after receiving a complete application. The applicant will be notified in writing of the decision, and if the application is approved, the applicant’s record will be suspended.

Costs and Timeline

The cost of applying for a record suspension can range from $631 to $1,200, depending on the complexity of the application and the number of documents required. The application fee is $631, as per the Parole Board of Canada’s fee schedule, and the applicant may also need to pay for document certification and translation services, which can cost up to $500.

The timeline for the record suspension process can range from 6 months to 2 years, depending on the complexity of the application and the speed of the Parole Board of Canada. The Board has 6 months to render a decision, as per Section 7 of the Act, after receiving a complete application, and the applicant will be notified in writing of the decision within 30 days.

State-by-State Differences

While the record suspension process is governed by federal law, there are some differences in the application process and requirements between provinces and territories. For example, in Ontario, applicants must submit their application to the Ontario Superior Court of Justice, while in British Columbia, applicants must submit their application to the Parole Board of Canada.

In the United States, the process for expunging or sealing a criminal record varies from state to state, with some states having more lenient requirements than others. For example, in California, applicants can apply for expungement after completing their sentence, while in New York, applicants must wait 10 years after completing their sentence before applying for sealing.

What Can Go Wrong

Common mistakes that can result in delays or rejection of a record suspension application include incomplete applications, missing documents, and incorrect payment of the application fee. The applicant must ensure that they have all the required documents and information before submitting their application, and must follow the instructions carefully.

Missed deadlines can also result in delays or rejection of the application, and the applicant must ensure that they submit their application on time. The applicant can appeal a decision to the Parole Board of Canada within 30 days of receiving the decision, and the appeal must be submitted in writing, with a $200 fee.