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General
- How do I know if I have a criminal record? What
if my charges were withdrawn, stayed, dismissed, or I was acquitted?
- My criminal record is from 15 years ago, and I
was told that it automatically disappears. Is that true?
- If I was charged and convicted when I was a youth,
does it appear on my adult record?
- What does CPIC mean?
- What is the difference between a pardon and a
file destruction?
- Does my employer or landlord have access to my
criminal record?
- I was told that I had to undergo a criminal record
police clearance before becoming a volunteer. Is this legal?
Eligibility
- I was told that I must wait 5 years before applying
to have my criminal record removed. Is this true?
- How long does it take to get a pardon?
- If I do not think that I am eligible for a pardon
yet, are there any advantages to starting the process now?
Pardons
- How likely am I to be granted a Pardon and who
decides?
- If I apply for a Pardon, will the police come
to my home or work?
- What happens to my criminal record file after
I have been granted a pardon?
- What happens if I have a pardon and I get charged
again?
- If I have more than one conviction, do I need
more than one pardon?
Waivers
- I was told that I could not legally enter the
U.S.A. because I have a criminal record. Is this true?
- I was told to apply for a U.S.A. Entry Waiver,
even though I haven't been refused entry to the U.S.A. What should
I do?
- I really need to go to the U.S.A. before my pardon
will be granted. What are the possible results of my trying to
cross the border?
- I was stopped and refused admittance to the U.S.A.
once because of my criminal record, but I need to try to get in
anyway. What could happen?
How
do I know if I have a criminal record? What if my charges were withdrawn,
stayed, dismissed, or I was acquitted?
If you have been charged with a crime, even if you were found not
guilty, or were never convicted, you do have a criminal record once
you are fingerprinted. A fingerprint number (FPS#) is assigned to
your name and date of birth, and will exist until you take steps
to have this record cleared.
Also, although you may not have been found guilty or convicted,
your FPS# will be revealed in criminal record searches. You can
usually have your record destroyed if you were not found guilty.
However, if you were ever convicted of even one offence then you
will require a pardon.
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My
criminal record is from 15 years ago, and I was told that it automatically
disappears. Is that true?
No. Criminal convictions are not automatically destroyed or
sealed. The individual must take steps and apply to have their record
removed.
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If
I was charged and convicted when I was a youth, does it appear on
my adult record?
It
depends. If you were convicted under the Young Offenders Act, your
record should be removed after the requisite waiting periods have
expired. If you were convicted under a prior Act, your record will
probably still be on file with the RCMP and the local police agency.
If you are also charged and convicted after becoming an adult, your
young offender record may become 'locked in' and form part of your
adult record.
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What
does CPIC mean?
CPIC is the acronym for Canadian Police Information Centre. CPIC
is a computer based police information system located in Ottawa.
CPIC records can be accessed by the RCMP and most other Canadian
police agencies.
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What
is the difference between a pardon and a file destruction?
When
a person is found guilty and convicted of an offence they require
a pardon. The record, including fingerprints, photographs, and RCMP
and court records are then sealed, and never opened unless the individual
is subsequently charged with a criminal offence. File destructions
and purges apply to records where an individual was accused, fingerprinted
and/or attended criminal court, but not convicted. In the case of
file destructions and purges your fingerprints and photographs will
be destroyed.
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Does
my employer or landlord have access to my criminal record?
It depends. If you signed an apartment rental application or an
employment application, the documents may have contained a statement
giving your landlord or employer permission to conduct a criminal
record search.
Also, many employers have employment agreements which a new employee
must sign before starting their job. Often in these agreements,
the employee gives the employer the right to conduct a criminal
record check. The applications may ask a simple question such as,
"Do you have a criminal record for which a pardon has not been
granted?". At the bottom of the application it will state that
the person signing gives permission to the employer to verify all
statements made. This means that the employer can now verify, through
a criminal record check, if you have a criminal record.
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I
was told that I had to undergo a criminal record police clearance
before becoming a volunteer. Is this legal?
Yes. Not only is it permitted, it is a legal requirement that volunteers
undergo a criminal record check during screening process. If a criminal
record exists, the individual may have an opportunity to explain
the circumstances surrounding the event, but often will not be accepted
as a volunteer.
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I
was told that I must wait 5 years before applying to have my criminal
record removed. Is this true?
There is no waiting period for withdrawn, dismissed or acquitted
charges, one year for absolute discharges, 3 years for conditional
discharges and summary convictions, to 5 years for indictable convictions.
For convictions, waiting periods begin to run once the sentence
imposed by the court is satisfied. For discharges, waiting periods
begin to run from the court date. However, it is a good idea to
start collecting the proper documentation as soon as possible so
that you can determine your exact eligibility date and acquire all
the necessary documentation.
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How
long does it take to get a pardon?
It takes an average of 16-20 months for a pardon application to
be processed and granted. However, to prepare the pardon application,
many documents must be collected. Acquiring the proper supporting
documents takes between 3-9 months. Therefore, it is a good idea
to start preparing the application well in advance of your eligibility
date. In fact, most people cannot even determine what their eligibility
date is until after they have acquired RCMP reports and relevant
court documents.
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If
I do not think that I am eligible for a pardon yet, are there any
advantages to starting the process now?
Yes. Even if the exact date of eligibility is known, it is important
to begin collecting the necessary paperwork as soon as possible
because it can take several months. Most documents do not expire,
so acquiring them in advance is a good idea. Also, if there are
any complications with your file, you will be able to spot them
and remedy them well in advance of your eligibility date.
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How
likely am I to be granted a Pardon and who decides?
The National Parole Board (NPB) has exclusive jurisdiction to grant,
refuse to grant or to revoke a pardon. However, they will not arbitrarily
refuse to grant a pardon. If you have waited the requisite time
period (3 or 5 years) after the sentence imposed was completed,
and if you have all the proper supporting documents and if you have
been of good conduct, the NPB will grant you a pardon.
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If
I apply for a Pardon, will the police come to my home or work?
No. Only in the most extreme cases will the police contact you.
All communications with the police and the NPB will be made through
your agent. The police no longer conduct standard interviews.
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What
happens to my criminal record file after I have been granted a pardon?
A pardon vacates a conviction. The RCMP and all police agencies
are notified of the pardon by the NPB. Your criminal record, including
RCMP, police and court records, are removed and sealed. These records
cannot be disclosed without the permission of the Solicitor General
of Canada.
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What
happens if I have a pardon and I get charged again?
Your pardon can be revoked. If you are convicted of an indictable
offence (more serious offence) your pardon ceases and your past
convictions will once again be on your criminal record. If you are
convicted of a summary offence (less serious), or given a discharge,
the NPB may revoke your pardon.
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If
I have more than one conviction, do I need more than one pardon?
No. If the requisite waiting periods have passed for each of your
convictions, and if you have met all of the other requirements,
you can apply to have all of your convictions pardoned at the same
time.
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I
was told that I could not legally enter the U.S.A. because I have
a criminal record. Is this true?
Yes. Unless you are an American citizen, or you have received advanced
permission by the U.S.A. Immigration office, it is illegal for you
to enter the U.S.A. with a criminal record.
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I was told to apply for a U.S.A. Entry Waiver,
even though I haven't been refused entry to the U.S.A. What should
I do?
If you must travel to the U.S.A. before your Canadian criminal record
is pardoned or destroyed, you will need to apply for a U.S.A. entry
waiver to legally enter. Essentially, you will be admitting and
giving details about your criminal record to the U.S.A. federal
government. If it is not necessary to travel to the U.S.A. right
away, it is best to remove your Canadian criminal record first.
If you have never been stopped at the U.S.A. border it means that
they probably do not know about your criminal record. After your
record is pardoned or destroyed, the American border officials do
not have access to it.
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I really need to go to the U.S.A. before my
pardon will be granted. What are the possible results of my trying
to cross the border?
People often pass through U.S.A. Immigration after answering a few
standard questions, such as, "where do you live?", "where
are you going?" and so on. However, sometimes they will ask
for identification and they will conduct an RCMP computer search,
which only takes a moment. When they find a criminal record they
will download the information into their files. You will then have
an FBI and/or BCIS record. The first time you are stopped at the
U.S.A. border and your criminal record is discovered, you will most
likely be detained a short time and refused entry. If you are rude,
or the immigration officer feels that you are potentially dangerous,
you may be handcuffed and detained for several hours.
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I was stopped and refused admittance to the
U.S.A. once because of my criminal record, but I need to try to
get in anyway. What could happen?
If you are caught a second time, you will be treated much more harshly.
Under the U.S.A. Immigration Act, immigration officers are permitted
to take the vehicle you are travelling in, even if you are not the
owner or driver. If you are travelling by bus, you will be removed
and sent back to Canada. If you are travelling by airplane, your
ticket will be stamped VOID and you will not be able to collect
cancellation insurance. It is also common, if stopped a second or
third time, to be detained and handcuffed. The experience can be
quite devastating. It is much easier to get caught a second time
because the U.S.A. have their own files pertaining to you and your
criminal record, which were created the first time you were stopped.
Therefore, any search they conduct will reveal this information.
If you keep trying to enter the U.S.A. after having been refused
entry, you reduce the chances of being granted an entry waiver which
would give you permission to legally enter the U.S.A. with your
criminal record.
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