Pardon FAQs
What will a pardon do for me?
A pardon is a recognition that you are of good conduct and deserve to be free and clear of the limitations that come with a criminal record. The granting of a pardon by the Pardons and Clemency Division (Ministry of Public Safety), under the Criminal Record Act (CRA), means that any federal agency or department that has records of convictions must keep those records separate and apart from other criminal records. The information will be taken out of the Canadian Police Information Centre (CPIC) computer and other system. Once you have been pardoned, information about the conviction may not be given out without the approval of the Solicitor General of Canada. Express Pardons obtains full pardons.
Will a criminal record check reveal a pardon has been granted?
Once a pardon has been granted, police officers will not be provided any indication that a criminal record ever existed.
Do I need a pardon, U.S. entry waiver, or both?
A pardon removes criminal records in Canada. U.S. entry waiver is a document that allows you to enter the United States despite your past criminal history, or if you have been deported or otherwise had a previous border crossing "incident".
Unfortunately, the Unites States does not recognize a pardon, so you will also need to obtain a U.S. Entry Waiver if you wish to enter the U.S. after having been denied entry.
If the U.S. is not yet aware of your criminal record, you might choose to only apply for a pardon, as the U.S. cannot subsequently access your criminal record. However, the United States does not condone this practice and considers it an attempt to circumvent their laws. Express Pardons recommends applying for both a pardon and a waiver if you wish to enter the United States with a criminal record. However, the choice is yours to make.
Can a person receive a pardon for any crime?
A person can receive a pardon for any crime provided they meet the pardon eligibility requirements. Certain serious offences involve a sentence which includes indefinite parole. Therefore, these offences would never meet the eligibility requirement for receiving a federal pardon under the Criminal Records Act. An individual can, however, apply for a Queen's Pardon under the Royal Prerogative of Mercy, if a criminal record of this type is causing undue hardship.
Can a pardon ever be denied?
The Pardons and Clemency board will occasionally propose to deny a pardon 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, 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 pardon 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 clients.
Can a pardon ever be revoked?
If you are convicted of a new criminal offence, your pardoned criminal record may be brought back. In the case of new indictable offences, this process is automatic.
When determining whether to revoke a pardon when the pardoned individual is subsequently convicted of a summary offence, the Board will consider all relevant information, including:
- Information that suggests a significant disregard for public safety and order and/or laws and regulations, given the offender's criminal history.
- Whether the new offence is consistent with the offence for which the pardon had been issued or granted.
- The time period since satisfaction of all sentences.
Fortunately, there is no limit to the number of pardons you can receive.
Can sexual offences be pardoned?
Sexual offences can be pardoned. However, when certain sexual offences are pardoned, the individuals name is entered into a flagged database. By placing a 'flag' on the records of sex offenders through the Canadian Police Information Centre (CPIC), police can be alerted that a pardoned record exists in the event of a Vulnerable Sector Search.
The flag means the record reflects that they have been convicted of a sexual-type offence, though the details have been removed by the pardon. The flag is not searchable through ordinary searches. However, 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, by conducting a Vulnerable Sector Search. Before doing so, however, they must obtain the applicant's consent in writing.
The term "vulnerable persons" generally refers to children, the elderly and the mentally infirm. 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.
When is a criminal sentence considered completed for pardon eligibility?
A sentence is considered complete when a person has:
- Served all of his/her time, including parole or statutory release; and
- Satisfied his/her probation order.
- Paid all fines, surcharges, costs, restitutions and compensation orders in full. Or when 15 years has elapsed since the date the fine was imposed.
Prohibitions of licenses and firearms do not affect eligibility.
Does a pardon have limitations?
- A pardon will not clear your entry into any country that is already aware of your criminal record.
- A pardon will not clear your Driver's Abstract.
- A pardon will not clear a record of bankruptcy
- A pardon will not clear a driving or firearms prohibition order.
- A pardon does not destroy court records. Instead, they are held separate and apart under seal.
- A pardon carries restrictions when issued for sexual offences.
- A pardon will only seal convictions the Pardons and Clemency Board is made aware of at the time of consideration.
See Pardon Limitations for details
Can a pardoned record ever be disclosed?
Once a record has been pardoned, you may access the record or authorize its release in the case of a Vulnerable Sector Search. Otherwise, the Clemency and Pardon Division states:
"Under the CRA, only the Minister of Public Safety 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."
Can I enter other countries with a criminal record?
Many foreign nations discourage entry by individuals with criminal records. Most notably, the United States prohibits entry by Canadians with criminal records and has negotiated direct access to the Canadian Police Information Centre (CPIC).
For specific details on a particular country, you should consult the embassy or consulate of a particular country before planning to enter with your record.
A pardon will remove your record from the Canadian Police Information Centre (CPIC) searched by foreign countries when you enter their country.
How long does a Criminal Record remain?
Criminal Records are retained until the subject of the record is eighty (80) years of age with no criminal activity reported in the last ten (10) years, except where the subject:
- Has been sentenced to life imprisonment.
- Has been designated a "dangerous offender", and/or is still under the sentence of a court.
- Is still the subject of a prohibition order which has not expired.
- Has an outstanding warrant or an interest has been expressed by an agency engaged in the execution or administration of the law.
In each of these instances, the criminal record is retained until:
- The subject completes his/her sentence and remains crime free for a period of ten years.
- The subject attains one hundred (100) years of age.
What is a Local Indices Check?
A Local Indices Check is a review of local police files and occurrence reports in the area where the individual resides that could provide supporting or additional information in addition to the criminal record check.
What are Peace Bonds, do they affect my pardon?
A peace bond is an order from a criminal court that restrains one person from bothering or threatening another. The bond can last for up to twelve months. The person deemed abusive can be made subject to arrest or fine for breaching the terms of the bond. It is written under Section 810 of the Criminal Code of Canada.
Although the Peace Bond is derived from the criminal code, it is not in-and-of-itself a criminal record. Therefore, it does not affect eligibility for a pardon.
