A Canadian pardon allows anyone who has a criminal conviction – regardless of
their immigration status – to have their criminal record taken out of the
Canadian Police Information Centre (CPIC). Criminal convictions and immigration
violations in Canada can affect your personal freedom, your job prospects as
well as exclude you from trusted traveler programs like NEXUS, the Global Entry
Program and FAST pass. A pardon in Canada means that past criminal records don’t
appear on Canadian public record checks. Pardons can also be used as evidence of
rehabilitation when applying for US entry waivers.
You can apply for a pardon in Canada by downloading the application form. If you
are unsure if you need a Canadian pardon, you fill out our questionnaire. If you
have a criminal record, or if you have committed immigration violations in the
United States, you may also need a US waiver.
Unsure if you need a Canadian pardon? Click here to download our FREE
questionnaire.
Quick Index
About Canadian Pardons
You may need a Canadian pardon if you have a criminal record in Canada, or if
you are a Canadian citizen with a criminal record overseas and have been
transferred to Canada under the International Transfer of Offenders Act. A
criminal record can inhibit your personal freedom in many ways. It can affect
your job prospects, especially with federal agencies and the Canadian Forces, or
in professional vocations whose associations require proof of “good character”.
It can not only make you ineligible for trusted traveller programs such as NEXUS
and FAST pass but it can also keep you from travelling to the United States –
and certain other countries – whether it is to vacation, shop or if you are
visiting for business purposes. Getting denied entry can be difficult and
embarrassing. It can also affect your family and friends: if you are
inadmissible to the United States because of your criminal record and you do
attempt to cross the border, you are committing a serious offence, which can
result in the confiscation of your vehicle, criminal charges and even jail
sentences for you and anyone who is travelling with you, as they can face stiff
penalties for aiding and abetting a criminal. This can lead to them becoming
inadmissible too. If you have a criminal record in Canada and intend to cross
the border, you will need a US entry waiver in addition to your Canadian pardon.
Our Service
If you have a criminal record a Canadian pardon will give you back your personal
freedom. Immigroup Inc. processes all of the essential documents necessary for
you to obtain your pardon in Canada. We carefully check your application and
ensure that it is correctly filed with the right supporting documents. If you
are unsure as to whether you need to apply for a Canada pardon, fill out our
free pre-assessment questionnaire. We guarantee 100% money back if your
application is denied.
Canadian Pardon Fees
Immigroup service fee: $262.50 CDN. We give a 50% discount off a second
application e.g. if you need to obtain a US Waiver as well.
Government fee: $50 USD
Finger print fee: $25.00
RCMP fee: $25.00
Cancellation fee: $42.50 CDN
Canadian Pardon FAQ’s
Who can grant or issue a pardon in Canada?
Only the Parole Board of Canada has the authority to issue, grant, deny, or
revoke them. They are governed by the
Criminal Records Act (CRA).
When can I apply for a Canadian pardon?
You must have completely served your sentence and a waiting period of either
three years for summary convictions or five years for indictable convictions
(criminal offences). For example, if you only received a fine, the waiting
period begins the date you paid that fine in full. For any court-imposed
surcharge, restitution or compensation orders, term of imprisonment or
probation, the waiting period is calculated from the date you completed the
entire sentence, including any part of the sentence you may have served in the
community.
What is the difference between a summary offence and an indictable offence?
A summary offence is a relatively minor crime whereas an indictable offence is a
more serious crime. A summary conviction results in up to six months in jail, up
to a $5000, or a combination of the two. An indictable offence is punished by
substantially longer jail terms and/or heavier fines and other punishments. The
difference between summary offences and indictable offences is not always clear:
Crown option or dual procedure offences are offences for which the prosecution
can seek either an indictment or a summary conviction, though they all begin as
indictable offences. This is important for pardon applications because the
nature of your offence determines your eligibility for a pardon in Canada.
What is the process for summary offences?
The Board will issue a pardon after it has confirmed that you have completed
your 3 years waiting period after having completed your sentence of your
conviction(s), and determined through the Royal Canadian Mounted Police (RCMP)
that you have not been convicted of any other offences since your last
conviction.
Note: summary sexual offences are treated by the Parole Board as indictable
offences.
What is the process for indictable offences?
The Board will confirm that you have completed your 5-10 year waiting period,
verify through the RCMP that you have had no further convictions and exhibited
“good conduct” since your conviction. In order to determine “good conduct,” the
Board will investigate your behaviour since your last conviction. The Board will
then evaluate your application based on your good conduct (or lack thereof).
Good conduct means more than you have no further convictions as there must be no
suspicion or allegations of criminal behaviour.
I have been convicted of an indictable offence in Canada. How do I know whether
I have to wait 5 or 10 years to apply for my pardon?
If you have been convicted of any indictable offence which is not deemed a
“serious personal injury offence” (or a summary sexual offence), the wait is
five years. The wait is ten years for “personal injury” offences including all
indictable sexual offences.
What is a personal injury offence?
According to the Criminal Code of Canada, a “serious personal injury offence" is
classified as
-
an indictable offence, other than high treason, treason, first degree murder
or second degree murder, involving
- the use or attempted use of violence against another person, or
- conduct endangering or likely to endanger the life or safety of another
person or inflicting or likely to inflict severe psychological damage on another
person,
and for which the offender may be sentenced to imprisonment for ten years or
more, or
- an offence or attempt to commit an offence mentioned in section 271 (sexual
assault), 272 (sexual assault with a weapon, threats to a third party or causing
bodily harm) or 273 (aggravated sexual assault).
What do I need to get a pardon?
If you have waited the time required by your type of conviction(s), you need the
following to apply for a pardon in Canada
- a completed pardon application including police record checks and court
information forms
- your criminal record
- proof of conviction(s)
- a copy of your proof of citizenship (birth certificate, citizenship card) or
immigration status (permanent resident card)
- a copy of your photo ID (driver’s license, passport, provincial photo ID)
- the $150 application fee
If you are a current or former member of the Canadian Forces you also need to
provide a certified military conduct sheet. You should also provide any other
information which you think will help your application for a pardon.
Note: legislation is under consideration to triple pardon fees in Canada.
What is the effect of a pardon in Canada?
If granted or issued, the effect is that your criminal record will be kept
separate and apart from other criminal records and any information pertaining to
your convictions and will be taken out of the Canadian Police Information Centre
(CPIC). It is important to realize that a pardon is only kept separate and apart
from other criminal records in Canada. If foreign authorities have information
about your criminal record in their system, they will not remove it. For
example, if the United States Immigration and Naturalization Service have
entered information about your record into their computer, it continues to
remain available.
Does a Canadian pardon erase a conviction?
It does not erase a conviction. It does not entitle a person to say that they do
not have a criminal record. You are still obligated to disclose your pardoned
record.
Who can divulge a pardoned criminal record?
Under the Criminal Records Act (CRA), only the Solicitor General of Canada has
the authority to disclose information from a pardoned record. He would only do
so in very exceptional circumstances, if (s)he is satisfied that the disclosure
is desirable in the interests of the administration of justice or for any
purpose related to the safety or security of Canada or any state allied or
associated with Canada.
When asked if I have a criminal record after obtaining a Canadian pardon,
what should I say?
You cannot deny the fact that you were once convicted of an offence. However,
you may choose to disclose that you have obtained a pardon, which is proof you
are a law-abiding citizen. The correct response would be: "Yes, I have been
convicted of a criminal offence for which I have been pardoned."
Is a Canadian pardon recognized outside Canada?
No. Many foreign countries, including the United States (U.S.), do not recognize
a Canadian pardon. If you have a criminal record and are interested in going to
the US, you may have to apply for “advance permission to enter as a
non-immigrant” (usually referred to as an entry waiver). This procedure may
entail the disclosure of your pardoned criminal record as evidence of your
rehabilitation for review by U.S. Immigration and Naturalization officials
(Note: a pardon is not sufficient evidence). An American waiver package can be
obtained at the
U.S. Embassy in Ottawa or at any U.S. consulate, port of entry,
or pre-clearance center (at international airports throughout Canada). Please
see our US entry waiver FAQ.
How long does it take to obtain a pardon in Canada?
Processing is something that is taken very seriously. It may take 12 - 18 months
to obtain your pardon depending on the type of offence and the documentation
that is required. The processing time will vary in each case. Some have taken
longer than 18 months to process. There are numerous elements to consider in
processing an application, especially if it is for an indictable offence. This
will require a review and decision by a Parole Board member and may involve a
lengthy investigation and a number of reports. These reports will have to
carefully be reviewed and examined before a decision can be made. Summary
conviction cases however, especially for minor offences committed many years ago
may not require as extensive investigation and could be processed much more
quickly.
Can a Canadian pardon be revoked?
Yes, a pardon can be revoked if:
- You are later convicted of a summary offence under a federal act or regulation
of Canada.
- The NPB finds that you are no longer ‘‘of good conduct’
- The NPB learns that a false or deceptive statement was made or relevant
information was concealed at the time of the application.
I have a criminal record. Can I travel to the US without a pardon?
Most likely no, though it does depend on what kind of criminal record you have
and on whether the US Customs and Border Protection (CBP) view you as a security
risk. Though a Canadian pardon is not officially recognized by the United
States, it is viewed as a major piece of evidence regarding your reformation of
character/rehabilitation when you apply for a US entry waiver. Without a pardon,
you will have to demonstrate this in some other way.
You may not require a pardon to get the entry waiver if you have been convicted
of only one crime, and that crime was not a “crime of moral turpitude” (please
see our US entry waiver FAQs), or you have been convicted of two or more crimes
(which are not “crimes of moral turpitude”) but you were sentenced to less than
a total of five years. It is important to note that admittance to the US is at
the discretion of the CBP and they can deny entry for any reason, even if you
fit these criteria. Before attempting to enter the US, contact your nearest
US
diplomatic mission to ensure you can enter the United States.
Are the rules different if I was in the Canadian Forces?
If you are or were a member of the Canadian Forces, you are required to submit
your military conduct sheet and all correspondence required to obtain it as part
of your pardon application.
How do I get my military conduct sheet in order to apply for a pardon?
In order to obtain a military conduct sheet for the purposes of applying for a
pardon, it depends whether you are a current or former member of the Canadian
Forces.
Current members of the CF should have their conduct sheet signed, dated and
certified by your Commanding Officer (CO). You have six months to submit the
pardon application because after that your certified conduct sheet expires.
Former members of the CF must apply in writing but it depends when you served
and whether you served in the reserves. In the letter, all former members must
provide their name, date of birth, military identification number or service
number, enlistment and discharge dates, and signature and must indicate that the
conduct sheet is required for a pardon application.
For former regular members of the Canadian Forces:
- if you left the CF less than five (5) years ago, you must apply in writing to
the Director Military Careers Administration and Resource Management
(DMCARM/DMCA) at 101 Colonel By Drive, Ottawa, ON K1A0K2
- if you left the CF more than five years ago, you must apply in writing to the
Personnel Records Unit of the
National Archives of Canada at 395 Wellington
Street, Ottawa, ON K1A0N3
For former reserve members of the Canadian Forces
- if you left the reserves less than three (3) years ago, you must apply in
writing to the CO of your last unit or posting
- if you left the reserves more than three years ago, you must apply in writing
to the Personnel Records Unite of the National Archives of Canada at 395
Wellington Street, Ottawa, ON K1A0N3
All correspondence from applying for your conduct sheet must be included in the
application for your pardon.
Where can I travel without a pardon?
Unfortunately, there is no formula. Some countries allow people with criminal
records to enter for tourist purposes but other countries do not (and some
countries allow in only those with certain types of convictions). Canadian
pardons are not recognized internationally and can only be used as a means of
demonstrating reformation of character or rehabilitation as part of a visa
application to the country you are travelling to (if such information is
required). The best thing to do is to contact that
country’s nearest embassy or
consulate to see what restrictions they have regarding travel visas for those
with criminal records.
Note: Though you may be able to enter a given country without informing
authorities of your criminal record, this does not automatically mean you are
allowed to enter that country. Customs and border staffs are very busy and do
not have time to check every single person for a record. Illegal entry is a
serious offence in most countries and can easily turn into another indictment or
a travel ban for that particular country, for you or even for those who travel
with you. If you have a criminal record, always check with
the country you are
traveling to before you travel.
What is the International Transfer of Offenders Act?
The International Transfer of Offenders Act allows Canadians convicted of
offences overseas to serve their sentences in Canada, providing certain
conditions are met. Offenders must still serve their sentence handed down in the
country of conviction, and cannot appeal the sentence through the Canadian
appeals process. Transferred offenders are eligible for parole under the
Canadian Criminal Code.
Conditions: Canadians must have been convicted of acts which are criminalized in
Canada as well as the country of conviction; otherwise they are not eligible for
transfer. The exception to this rule is anyone classified as a “young offender,”
who can be transferred to Canada through this act and subsequently released.
I was transferred to Canada under the International Transfer of Offenders
Act. When I am eligible to apply for a pardon?
All overseas offences which also constitute crimes in Canada are treated as
indictable offences once you have been transferred back to Canada under the Act.
Therefore the 3 year wait period doesn’t apply to anyone transferred back to
Canada, so you either have to wait 5 years for most offences or 10 years for
“serious personal injury” offences or sexual offences.
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