Yes a record suspension can be denied, however, this only happens in rare cases involving more serious offences. The National Parole Board has the sole discretion to grant, deny or revoke a record suspension application. The Pardons and Clemency board will occasionally propose to deny a record suspension application after making its reviews into the merits of the claim and evaluating good conduct. For the purpose of determining good conduct in decision-making, the Board will consider all relevant and reliable information provided in your claim, and from criminal justice entities.
For the purpose of determining good conduct in decision-making, the Board will consider all relevant and reliable information provided in your claim, and from criminal justice entities, including:
Information about charges that were subsequently withdrawn, stayed, or dismissed, or that resulted in a peace bond, diversion, or in an acquittal. The relevance of this information increases where the charge or charges are of a serious nature, and/or are related to convictions on the record for which the record suspension is requested. With regards to a peace bond or the use of alternative measures (ex. community service work), adherence to the conditions, the date on which the conditions were imposed, and the date of the originating incident will also be taken into account.
Any record of absolute or conditional discharges.
Information about convictions under provincial statutes. The importance of this information depends on the nature, the number and the date of the infraction, and/or whether or not it is similar to the past criminal activity of the individual.
Information provided by law enforcement agencies about suspected or alleged criminal behaviour.
Representations provided on behalf of the applicant and/or Express Pardons.
With respect to applicants convicted of a sex offence prosecuted by way of indictment, any information received from law enforcement agencies further to enquiries made by the Board.
Should information come to light that warrants a proposal to deny from the Board, a notice will be given of 60 days in which the proposal can be appealed.
A senior member of Express Pardons will help construct an appropriate response to any proposal to deny for our client.
