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DUI Pardon vs DUI Record Suspension vs DUI File Destruction. What do you need?



- If you were convicted of a DUI or charged with a DUI but not convicted, do you need a Pardon, a Record Suspension or a File Destruction to clear your record?

- In Canada, DUI charges are generally known as Impaired Driving, Over 80 and Refusal to Take a Breathalyzer test.

- When clients come to our law firm to erase their DUI, there is a lot of confusion about what they need to clear the DUI from their records.

- Here are 6 things you need to know. 



1/ What you need to clear your DUI comes down to this one question:



- Were you convicted of your DUI charge?

- If you were convicted of a DUI, then you need a DUI Pardon in Canada, which is now called a Record Suspension.

- If you were charged with a DUI but not convicted, this is called a non-conviction record.

- How to remove your non-conviction record? 

- You need to get a non-conviction record destruction, which is called a “File Destruction,” to clear your DUI record.



2/ Your DUI history will show up even if you weren’t convicted



- Most people don’t know that if you were not convicted of your DUI, your DUI would show up on a background or criminal record check.

- In this context, your DUI is known as a non-conviction criminal record or simply a non-conviction record and will create a barrier to your employment and travel plans.

- With non-conviction records, you need to get a non-conviction record destruction, known as a File Destruction, to remove traces of your DUI charge.



3/ What is the difference between a DUI Pardon vs a DUI Record Suspension?



- Practically there is no difference between a DUI Pardon in Canada and a DUI Record Suspension in Canada.

- The name change from a DUI Pardon to a DUI Record Suspension happened in March 2012 when the Canadian government passed legislation modifying the Pardon process.

- In addition to the name change, eligibility requirements to get a DUI Record Suspension were also modified.

- But the impact of getting a DUI Pardon, now called a DUI Record Suspension, is the same.  A Police record check or criminal background check will not include your DUI conviction.



4/ What do you need if your DUI ended with an absolute discharge or a conditional discharge?



- An absolute discharge or a conditional discharge means that you were found guilty of your DUI, but you were not convicted.

- If you received an absolute discharge for your DUI, the RCMP would seal your DUI record one year after your sentence.

- If you received a conditional discharge for your DUI, the RCMP would seal your DUI record three years after your sentence.



5/ How fast can you clear your criminal record?



- Your timing depends on the outcome of your DUI charge.

- If you were convicted of your DUI, you need a DUI Pardon in Canada, now called a DUI Record Suspension.

- Generally, you need to wait 3, 5 or 10 years until you can apply to the Parole Board of Canada.

- And the Parole Board will take 6 to 12 months to approve your DUI Pardon in Canada.

- If you were not convicted of your DUI, you need non-conviction record destruction, known as a File Destruction.

- General wait periods range from 30 days to 3 years.  

- And it may take the police or RCMP up to a year to approve your File Destruction.



6/ Here’s the key to clearing your DUI record



- It’s preparing your application in a way that’s going to get approved.

- And there is a part of the application in which many clients have a lot of problems.

- With a DUI Pardon in Canada, the most challenging part of the application is called the “Measurable Benefits / Sustained Rehabilitation Form.”

- Here’s why it’s hard to get this answer right.

- You need to prepare written answers regarding all the details surrounding your DUI.

- In other words, the who, what, when, where and how regarding the circumstances of your DUI.

- One-word answers will get you rejected.

- And responding that you “don’t remember” because your DUI happened a long time ago will also get you rejected.

- With a DUI File Destruction, every police service has different application requirements.  

- But many police services require an answer which is similar to what is required in the “Measurable Benefits/Sustained Rehabilitation” form.

- Proper answers take time.  Put real thought into it and be honest with your answers.

- Getting this part of the Pardon and File Destruction application right will make the difference between successfully clearing the DUI from your record or not.



https://youtu.be/XxfaA1LJQzU https://www.nextlaw.ca/2022/10/12/dui-pardon-vs-dui-record-suspension-vs-dui-file-destruction/

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