Skip to main content


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/

Comments

Post a Comment

Popular posts from this blog

DUI - Blow a 'Warn' or over 0.05. What happens next? - What happens when the Police make you take a roadside breath test and the result comes back as a "Warn”? - First, some important context. - The Police will make you take a breath test if they suspect that you've consumed alcohol while driving or in the care or control of a vehicle. - At the roadside, you'll be asked to blow into a device. - This device will come back with three possible results. - Pass, which means you've done nothing wrong. - Fail, which indicates that your blood alcohol concentration level is above 80.   - At this point, the Police will place you under arrest and will take you to the Police station to undergo further alcohol testing. - The third possible result is a "warn." - That means that the device detected alcohol in your system above 50 but below 80, which would place you under arrest. - However, there are consequences of blowing in this ...
Post a Comment
Read more
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more
This is BAD for your DUI Case - In this article, I will explain what increases the seriousness of your DUI case. - This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face. _____________________ ✅   Take our DUI Arrest Test _____________________ ✅   Book a free, confidential call with lawyer, Dan Joffe ____________________ - There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case. - In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened. - Here are some examples of aggravating factors. - Very high blood alcohol readings. - If there were kids in your vehicle. - If you were travelling at a high rate of speed. - If you were driving in an erratic manner such as swerving your vehicle in and out of traffic. - An accident causing property damag...
Post a Comment
Read more