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What are the limits of a Pardon or Record Suspension in Canada?



- What are the limits of a Pardon or Record Suspension in Canada?

- That’s what I’m going to cover in this article.

- Getting a Pardon, which is now called a Record Suspension in Canada, is life-changing, but there are limits that you need to know about.



1/ Your criminal is not deleted. It’s hidden from the public.



- To understand the limitations of a Pardon, it’s important to learn what a Pardon is and what it is not.

- A Pardon is granted by the Parole Board of Canada.

- When that happens, the Parole Board of Canada directs the RCMP to remove your criminal record from the CPIC system, which is the criminal records database managed by the RCMP.

- Removing your criminal record from the criminal records database effectively hides your criminal record from the public.

- So, any employer or anyone else that conducts a background check on you will not see your criminal record.  

- In other words, the results will come back clean as if you have never been convicted of a criminal charge.

- But, your criminal record has not been deleted.  It has simply been removed from the criminal records database, which is the database used for background checks.



2/ Your Pardon does not grant you access to travel.



- Your Pardon, or Record Suspension, does not guarantee you can visit a foreign country.

- And it does not grant you a Visa to a foreign country.

- Every country has specific rules regarding access and visas, and you must carefully follow the rules for the country you want to visit.



3/ Your Pardon will be disclosed in this scenario.



- If you were granted a Pardon for a sexual-related offence, your Pardon would be disclosed in a Vulnerable Sector Check.

- You need to complete a Vulnerable Sector Check if you plan to volunteer or work with children or vulnerable people.

- Vulnerable people are defined as those people vulnerable due to their age, disability, or other circumstances.



4/ Can your Pardon or Record Suspension in Canada be cancelled or revoked?



- Yes.  Your Pardon or Record Suspension can be cancelled or revoked by the Parole Board of Canada in the following five situations.



- If you are convicted of a new indictable offence or a summary offence in some cases;

- In the event you are no longer of good conduct;

- It was found that you made a false or misleading statement when you applied for your Pardon or Record Suspension;

- If, after getting your Pardon or Record Suspension, it was determined that you in fact were not eligible for a Pardon or Record Suspension;

- After getting your Pardon or Record Suspension, it was then determined that you were not eligible for it;



- If your Pardon is revoked, your convictions will be added back to the RCMP’s criminal records database, which means your criminal record will appear on a background check in Canada.



https://youtu.be/RGp2EVyge9E https://www.nextlaw.ca/2022/09/18/what-are-the-limits-of-a-pardon-or-record-suspension-in-canada/

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