What is a record suspension?
A record suspension, formerly known as a pardon in some countries like Canada, is a legal process that allows individuals with a criminal record to have their criminal record set aside or sealed, making it inaccessible to the general public and certain organizations. This process is typically available to individuals who have completed their sentence and have demonstrated that they have been rehabilitated and are unlikely to re-offend.
The specific details and requirements for obtaining a record suspension can vary from one country to another and even within different jurisdictions within a country. In Canada, for example, the Parole Board of Canada (PBC) is responsible for granting record suspensions. In the United States, record sealing and expungement laws vary by state, and the process can be quite complex.
The benefits of obtaining a record suspension or pardon typically include:
- Improved Employment Opportunities: Having a criminal record can significantly hinder job prospects. A record suspension can help individuals secure employment by removing barriers related to criminal history during background checks.
- Enhanced Housing Opportunities: Landlords often conduct background checks on potential tenants. A record suspension can make it easier to find housing as it removes the criminal record from public view.
- Increased Travel Options: Certain countries may deny entry to individuals with criminal records. A record suspension can help facilitate international travel by hiding the criminal history from border authorities.
- Restoration of Civil Rights: In some cases, regaining the right to vote, serve on a jury, or possess firearms may be contingent upon obtaining a record suspension.
Eligibility for a record suspension
Eligibility for a record suspension, also known as a pardon in some countries like Canada, can vary depending on the jurisdiction and the specific laws governing record suspensions. I’ll provide a general overview of eligibility criteria, but it’s important to consult the laws and regulations in your specific jurisdiction for precise requirements.
In Canada, for example, the eligibility criteria for a record suspension are as follows:
- Completed Sentence: To be eligible for a record suspension, you must have completed all aspects of your sentence, including any prison time, probation, and payment of fines or restitution. This includes both adult and youth sentences.
- Waiting Period: There is a waiting period that varies depending on the type of offense:
- Summary Offenses: You must wait 5 years after completing your sentence.
- Indictable Offenses: You must wait 10 years after completing your sentence.
- Good Conduct: During the waiting period, you must demonstrate good conduct and show that you have not been convicted of any new offenses.
- Payment of Fines and Restitution: You must have paid all fines, restitution, or compensation orders ordered by the court as part of your sentence.
- No Outstanding Charges: You must not have any outstanding criminal charges against you.
- Not Declared a Dangerous Offender: If you have been declared a dangerous offender or have certain serious convictions, you may not be eligible for a record suspension.
Waiting periods for a record suspension
The waiting periods for a record suspension are as follows:
- 5 years for a summary conviction offense
- 10 years for an indictable offence
However, there are some exceptions to these waiting periods. For example, if you have only one minor conviction, you may be eligible for a record suspension after 3 years.
Factors that can affect processing times
Processing times for a record suspension (formerly known as a pardon) can vary based on several factors, and the average waiting period for obtaining a record suspension can be influenced by the following:
- Eligibility and Documentation: The time it takes to gather all the required documentation and meet the eligibility criteria can affect processing times. If you have difficulty obtaining the necessary documents or if there are discrepancies in your application, it may lead to delays.
- Application Complexity: The complexity of your application can impact processing times. If your criminal record is extensive or involves multiple offenses, it may take longer to review and process your application.
- Volume of Applications: The number of applications being processed by the relevant government agency can affect waiting times. If there is a backlog of applications, it may take longer for your application to be reviewed.
- Government Processing Times: Government agencies responsible for handling record suspensions may have varying processing times. These times can change based on factors such as staffing levels, budget constraints, and changes in policies or procedures.
- Criminal Record Checks: Part of the record suspension process involves conducting criminal record checks, which can vary in their efficiency and turnaround times based on the jurisdiction and the agency responsible for conducting the checks.
- Court and Law Enforcement Cooperation: Cooperation from courts and law enforcement agencies is crucial in verifying your eligibility and reviewing your criminal record. Delays in obtaining records or responses from these entities can impact the overall processing time.
- Additional Review or Investigations: In some cases, additional reviews or investigations may be required, particularly if there are questions about an applicant’s rehabilitation or eligibility. These additional steps can extend the processing time.
- Legal Representation: Having legal representation or assistance with your application can sometimes expedite the process, as experienced professionals can help ensure that your application is complete and accurate.
- Errors or Omissions: Any errors or omissions in your application can result in delays, as the government agency may request corrections or additional information.
- Policy Changes: Changes in government policies or legislation related to record suspensions can also impact processing times. New laws or regulations may lead to adjustments in the application process.
- It’s important to note that processing times for record suspensions can vary significantly from one jurisdiction to another and can change over time. Therefore, it’s advisable to contact the relevant government agency or consult their official website for the most up-to-date information on processing times and requirements for record suspensions in your specific jurisdiction. Additionally, seeking legal advice or assistance in preparing your application can help ensure a smoother and more efficient process.
Frequently asked questions
Que 1: How do I apply for a record suspension?
Ans: To apply for a record suspension, you must complete a Record Suspension Application Form and submit it to the Parole Board of Canada. You can find the application form and more information about the record suspension process on the Parole Board of Canada website.
Que 2: What happens after I submit my record suspension application?
Ans: Once you submit your application, it will be reviewed by the Parole Board of Canada. If your application is complete and you meet the eligibility criteria, the Parole Board of Canada will conduct a background investigation. This may include contacting your references, your employer, and the police.
Que 3: How long does it take to get a record suspension?
Ans: The processing times for record suspension applications can vary depending on a number of factors. However, the Parole Board of Canada aims to process most applications within 6 months to 1 year.
Que 4: What if my record suspension application is denied?
Ans: If your record suspension application is denied, you can request a review of the decision. If the review is unsuccessful, you can wait one year and reapply.
