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How can non-convictions get your Pardon application rejected?



- Your application to get a Pardon in Canada, which is now called a Record Suspension, will be reviewed by a Parole Board of Canada Officer.

- After reviewing your Pardon Application in detail, that Officer will make a recommendation to the Parole Board on whether to accept or reject your Record Suspension application.

- Where people get confused is how someone eligible can get their pardon rejected because of a non-conviction.

- Let me explain.

- Your eligibility to get a Record Suspension is defined in the Criminal Records Act, and those laws are followed by the Parole Board of Canada.

- Assuming you’re eligible, a Parole Board of Canada Officer will review all your behaviour to assess whether you have been someone who has acted with good conduct.

- And there’s more to good conduct than not getting convicted of a new crime.

- Any negative police contact will be considered by the Parole Board Officer.

- So if you were charged by the Police and that charge resulted in a non-conviction, such as a peace bond, or charges that were withdrawn, stayed or dropped, that Officer will consider your behaviour and what you did that lead to the charge being laid in the first place.

- And the details of what happened in those incidents will play a role in determining whether you have been in good conduct, or not.

- And your good conduct assessment goes beyond non-convictions.  

- Every negative police contact will be considered by the Parole Board Officer, including provincial traffic offences, being present at a crime scene, and incidents where charges were not brought.

- In these situations, the Parole Board Officer may make a conclusion that you were not of good conduct and, therefore, may deny your Pardon application, even if you were eligible.

- If you do have non-convictions or other negative police interactions after your eligibility date, that is something you may want to proactively address in the Measurable Benefits/Sustained Rehabilitation Form in your Record Suspension Application.



https://youtu.be/JwUQjmQLBNg https://www.nextlaw.ca/2023/02/28/how-can-non-convictions-get-your-pardon-application-rejected/

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