The ultimate objective in the past, if you found yourself in trouble with the law in Canada and wished to restart your life, was a pardon. Once you were pardoned for your offence and reintegrated into society as a law-abiding citizen, your record would be sealed. Due to the introduction of the word “record suspension” into the criminal court system, that procedure is no longer entirely apparent.
The most important idea is that the two should be chosen for success. The term “Record Suspension” has taken the place of “Pardon” in the Canadian judicial system.
When a Pardon Becomes a Record Suspension?
The transition from record suspension to pardon took occurred in March 2012, under the leadership of the conservative administration. In contrast to other countries, Canada’s legal system no longer offers pardons in the internationally accepted form, which makes it unique among the numerous legal systems that still give pardons.
Why the Shift
The term ‘record suspensions’ was adopted in place of the phrase pardons in an effort to combat crime in Canada. Many in the government thought the word pardon was too lenient.
Those who have committed a crime in Canada served their sentence, and now want to have their record “suspended” can do so thanks to the change in terminology to Record Suspensions. Similar to a pardon, if the offender breaks the law again, the Record Suspension will be lifted. Individuals are now required to remain trouble-free in order to avoid having their suspension lifted.
Eligibility Changes
The new term has made the application process more difficult and time-consuming. You must wait five years before applying for a record termination for summary offences. Simple possession, assault, DUI, disorderly conduct, mischief, and theft or fraud under $5,000 are examples of summary offences.
You must complete a sentence and maintain good behavior for 10 years before suspending your record. Aggravated assault, fraud, theft over $5,000, trafficking-related possession, robbery, and breaking and entering are indictable offences.
Worth the Effort
If you have been charged with a crime and completed your sentence, it is still worthwhile to apply for a Record Suspension in Canada despite the stricter regulations and stronger approach to crime. Convictions can be removed from the Canadian Police Information Center database and sealed.
Where to Refer for Help with this Process?
When looking for a Record Suspension, it is usually advisable to obtain professional assistance given how much the pardon process has evolved. You don’t want to take the chance of having your application rejected just because you don’t know how to use the Record Suspension system because the application process is far more sensitive than it was under the pardon system.
Application delays or rejections may occur if your application is incomplete or contains errors. Applicants should apply for a Record Suspension properly to avoid worrying about their criminal records. Get in touch with Kisel Law legal lawyers who can help with Record Suspension procedures.