If you have begun thinking about commencing your criminal Pardon, also known as a Record Suspension, then there is a list of criteria which you will need to satisfy before you can commence the process of gaining a Pardon.
You probably know that such a process is not something that will happen quickly, and so you need to make sure that you get to work as soon as possible in order to avoid encountering delays or hitches.
There are three important preemptive steps that you need to take before you begin applying for a Pardon.
- Make Sure that your Sentencing has been Completed
It is essential that you make sure that the sentencing process has been finalized before you even think about commencing a Pardon process. In the case of fines, restitutions, probation, as well as community service work – all such processes need to have been completed before you begin your Pardon application process.
- Finishing the Wait Period
According to The Parole Board of Canada, you need to have completed the compulsory waiting period prior to being considered legal for the application of a Pardon. You will generally be presented with a five year waiting stretch with regards to summary offences, and will need to wait for ten years in the case of indictable offences.
You need to ensure that you have confirmed with the relevant Court as to whether you had your sentence processed through indictably or summarily processes if you cannot remember. You should be able to recall the date in which you had your sentence satisfied, which will also typically be the date when your fine was paid, you received your victim fine surcharge, or you had any form of restitution attached.
In any case, your waiting period will commence upon you completing the sentencing, regardless of when the relevant conviction occurred.
- The Confirmation of Qualification or Eligibility
You may not know this, but there are a number of factors that can indeed prove you completely and eternally ineligible for a Pardon. It would be a smart move confirming just what exactly your qualifications actually are prior to any Pardon processing.
The worst and most disappointing scenario would be to actually pay for the Pardon process, only to find that the Canadian Pardon cannot actually be granted to you. Let us look at some of the factors that could omit you from being eligible for a Pardon:
Any form of sexual offences that were carried out on a minor
Assault or common assault that was perpetrated with the intent to commit an indictable offence against a child
If you happen to possess above three offences which were prosecuted through indictment, with each holding a prison sentence that lasted two years or more.
It is clear then that there are certain kinds of people that the Canadian penal system simply does not want to be fully reintegrated back into society, and that some acts are indeed unforgivable, sometimes with good reason.