How does someone determine if they are eligible for a Pardon (now called Record Suspension)? There are a few conditions that must be satisfied before you are eligible for a Record Suspension. First, you must know if your conviction was a summary or indictable offense. Knowing this will determine how long you must wait until you are eligible to apply for a Record Suspension. The most important thing to consider is that your waiting period does not begin until all sentencing requirements are complete. This includes time served, conditional sentence orders, probation orders, fine payment, restitution payment, and more.
The waiting periods are as follows:
Summary = 5 years after you have satisfied your sentence
Indictable = 10 years after you have satisfied your sentence
There are however circumstances where an individual is never eligible to receive a Record Suspension. If an individual has more than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more, then they are not eligible to apply for a Record Suspension no matter how long has passed. Another reason someone might not be eligible to apply for a Record Suspension is if they are convicted of a Schedule 1 offence. For a list of Schedule I offences please review the Criminal Records Act of Canada: http://laws-lois.justice.gc.ca/eng/acts/C-47/page-4.html. To make matters even more complicated, there are exemptions that can make a person eligible for a Record Suspension even with a Schedule 1 offence. A person may still be able to apply for a Record Suspension with a Schedule I offence if:
- The person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her. AND
- The person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim. AND
- The person was less than 5 years older than the victim.
It is easy to see that it can be quite confusing when calculating your eligibility. Because of this, Pardon Services Ent. MB provides free consultations in regards to calculating pardon eligibility to assist individuals who need a little help. Just call (204) 453-0099.