Record Expungement and Suspension

Clearing Your Criminal Record for a Fresh Start

A criminal record can have lasting effects on various aspects of your life, including employment opportunities, travel, and personal relationships. In Canada, individuals may have the option to clear their criminal records through processes like expungement or record suspension, depending on the nature of their convictions.

Understanding Record Expungement

Expungement is the legal process of permanently removing a criminal conviction from all public records. Unlike a record suspension (formerly known as a pardon), which seals the record, expungement effectively erases the conviction, allowing individuals to legally state that they have no such record.

Expungement is typically reserved for convictions that are now considered unjust, particularly those related to historical laws that discriminated against certain groups. For instance, convictions for consensual same-sex relations that were criminalized in the past may qualify for expungement under the Expungement of Historically Unjust Convictions Act.

Eligibility for Expungement

To be eligible for expungement in Canada:

• The conviction must be for an offence listed under the Expungement of Historically Unjust Convictions Act.
• The act for which the individual was convicted must no longer be considered a criminal offence.
• The conviction must not involve any other criminal activity that remains an offence under current laws.

It is important to note that expungement is not available for all types of convictions. For offences not eligible for expungement, individuals may consider applying for a record suspension.

The Expungement Process

The process of applying for expungement involves several steps:

1. Determine Eligibility: Confirm that your conviction qualifies for expungement under the relevant legislation.
2. Gather Documentation: Collect all necessary documents, including court records, police reports, and any other relevant information.
3. Complete the Application: Fill out the official expungement application form and ensure all information is accurate and complete.
4. Submit the Application: Send the completed application and supporting documents to the appropriate authority, such as the Parole Board of Canada (PBC).
5. Await Decision: The reviewing body will assess your application and notify you of their decision.

It is advisable to consult with a legal professional to guide you through the process and ensure all requirements are met.

Record Suspension as an Alternative

If your conviction does not qualify for expungement, a record suspension (pardon) may be an alternative. A record suspension does not erase the conviction but sets it aside, effectively removing it from the Canadian Police Information Centre (CPIC) database. This can alleviate many of the barriers associated with having a criminal record.

To be eligible for a record suspension:

• You must have completed all sentences, including any probation and payment of fines.
• A waiting period must have elapsed: typically five years for summary offences and 10 years for indictable offences.
• You must demonstrate good conduct and that the suspension would provide a measurable benefit.

Why Choose Nihang Law?

At Nihang Law, we understand the profound impact a criminal record can have on your life. Our experienced legal team is dedicated to assisting clients in navigating the complexities of record expungement and suspension processes. We provide personalized guidance to help you achieve a clean slate and move forward confidently.

Contact us today for a confidential consultation.