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The Importance of a Record Suspension for a Clean Profile

By 15 September 2022April 27th, 2023No Comments
Importance of a Record Suspension

Why is a Record Suspension Important to Maintain a Clean Profile

The Importance of a Record Suspension cannot be overstated. Having a criminal record can make it difficult to find employment, as many employers may be hesitant to hire someone with a past conviction. This can also affect professional and vocational licenses, potentially leading to revocation. Obtaining a record suspension, also known as a pardon, can help mitigate these challenges. It allows employers to consider your qualifications and experience, rather than being immediately dismissed due to your criminal history. Additionally, once a record suspension is granted, your conviction will not appear on a background check, and your name will be removed from the Canadian Police Information Center (CPIC) database. This gives individuals with a criminal history an opportunity to move forward and rebuild their lives, free from the long-term consequences of their past actions. So with this having been said, let’s look a bit deeper into why a record suspension is essential to maintain a clean profile.

Importance of Record Suspension

A record suspension helps people access educational, and career opportunities eliminates the social stigma associated with having a criminal record, and makes it easier for them to reintegrate into society as helpful community members. More than 490,000 Canadians have received Canada Pardon application and record suspensions since 1970. 95% of these orders are still in effect, demonstrating that most individuals continue to live in the community without committing crimes. Some other benefits are:

  • You will be able to travel to different countries freely.
  • Adopting a child will be much easier for those looking for it.
  • Before renting a property, landlords frequently conduct interviews with potential renters. Record Suspension helps you here as well for getting a house on rent. 
  • You will have better work opportunities to grab and build a new life. 
  • You can reapply for Canadian citizenship once you receive the suspension.
  • If your convictions are apparent, you might not be allowed to enroll in some vocational training programs. So, in this case, it also helps if you seek education from educational institutions or universities. 

Without the Minister of Public Safety’s permission, federal entities are not permitted to disclose information regarding the conviction. A pardon also removes restrictions imposed by a criminal conviction, such as the inability to contract with the federal government or apply for Canadian citizenship.

Comprehending the different violations that can result in record suspensions

In Canada, there are two categories of crimes:  

Summary Offense

Summary offenses, also known as summary conviction offenses, are considered to be less severe than other types of criminal offenses. These types of offenses are typically dealt with in the Ontario Court of Justice, as the court process for these types of offenses is generally simpler and quicker compared to other courts. One of the key differences in the court process for summary offenses is that juries are not present. Instead, the decision in these cases is made solely by a judge.

Summary offenses can include a wide range of criminal offenses such as minor theft, traffic violations, disorderly conduct, and minor drug offenses. These offenses are typically punishable by fines or short-term imprisonment. They are considered less serious than indictable offenses, which can carry harsher penalties such as longer prison sentences.

The process for summary offenses is different from that of indictable offenses, as the latter are typically dealt with in higher courts and have a more formal process. Summary offenses, on the other hand, have a less formal process and often involve a plea bargain or a summary trial.

It is important to note that if you are charged with a summary offense, you still have the right to legal representation and to a fair trial. You should consult with an experienced criminal lawyer to understand your rights and the best course of action for your case.

To sum this all up, summary offenses are considered less severe than other types of criminal offenses, and are dealt with in the Ontario Court of Justice. They are not heard by juries and the decision is made by a judge alone. These types of offenses can include minor thefts, traffic violations, disorderly conduct and minor drug offenses, and are punishable by fines or short-term imprisonment. It is important to seek legal representation if you are charged with a summary offense to understand your rights and the best course of action for your case.

Indictable Offense

It’s important to note that these types of offenses carry much more severe consequences than summary offenses. Indictable offenses are considered to be the most serious category of criminal offenses in the legal system and are heard before the Superior Court of Justice.

The legal procedure for indictable offenses is more complex and can be quite lengthy, as compared to summary offenses. This is because the court process involves a judge and a jury, who work together to decide the outcome of the case. This means that the accused has the right to a trial by jury, and the prosecution has the burden to prove the guilt of the accused.

Examples of indictable offenses include serious crimes such as murder, treason, robbery, and sexual assault. These types of offenses often carry harsher penalties, such as lengthy prison sentences, large fines, and even life imprisonment.

It’s important to note that if an individual is charged with an indictable offense, they have the right to legal representation and should seek the help of a criminal defense lawyer to guide them through the legal process and protect their rights.

Overall, indictable offenses are considered to be the most serious criminal offenses in the legal system and require a more complex legal procedure to be handled by the Superior Court of Justice. The consequences of a conviction of an indictable offense can be severe and long-lasting, it’s crucial to seek out professional legal representation to navigate through the legal process.

When can you apply for a record suspension? 

You must have served your sentences, including fines, surcharges, costs, restitution, and compensation orders. In addition, all jail terms and conditional sentences, including parole and statutory release, and any probation orders, before you request to have your record suspended (s).

Remember that if you have a restriction order, it need not run its course before the waiting period starts.

You must have fulfilled the following waiting period after finishing all of your sentences:

The maximum penalty is five years for a summary offense (or a service offense under the National Defense Act). For an indictable offense (or a service offense under the National Defense Act for which you received a fine of more than $5,000, were detained, or spent more than six months in prison), the maximum sentence is ten years.

Based on your application, the Parole Board of Canada will determine whether you have behaved responsibly since serving your sentence. Record suspensions will be granted to applicants who can show that they would profit from receiving a record suspension and would not commit any other crimes. When deciding whether to issue a record suspension, the Board will consider the nature, circumstances, and severity of the committed offense.

Need help with Record Suspension?

When it comes to obtaining a Record Suspension (formerly known as a Pardon) in Canada, it’s important to understand that the process can be complex and time-consuming. Each individual’s situation is unique and there are many factors to consider, such as the type of conviction, the length of time since the conviction, and the specific circumstances surrounding the case.

If you’re looking to obtain a Record Suspension, it’s essential that you have a well-prepared application. This is where our team of experts comes in. We understand the ins and outs of the process and we’re here to help you navigate it with ease.

At Pardon Applications Canada, we take a proactive approach to Record Suspensions. We work closely with our clients to ensure that their applications are completed correctly and in a timely manner. Our goal is to help you obtain a Record Suspension as quickly as possible, so you can move on with your life and enjoy all the benefits that come with it.

A Record Suspension can have a significant impact on your life. It can help you keep your current job, travel abroad, or even immigrate to Canada. With our help, you can achieve your goals and move forward with confidence.

We understand that the process can be overwhelming, which is why we offer a no-obligation phone call to discuss your case and answer any questions you may have. You can schedule a call via https://www.pardonapplications.ca/schedule-a-call/ and receive guidance on the process and next steps.

Don’t let a past conviction hold you back any longer. Contact our team at Pardon Applications Canada today and let us help you move forward with a Record Suspension. Visit https://www.pardonapplications.ca/ for more information on how we can help with the importance of a record suspension.