Everybody Makes Mistakes

Pardon and Waiver FAQs

What is a Pardon & Why do I need one?

A criminal record can follow you for life. A criminal record can affect your career, travel opportunities, your social life and peace of mind. A Pardon removes your criminal record from Police and RCMP databases keeping it separate from all other records. It affirms that you are now of good conduct so that any past criminal convictions no longer reflect adversely upon your character. This opens the doors to employment opportunities, travelling and volunteering. It also provides relief from the stigma of the criminal record.


What if I was charged but not convicted?

If you are charged with a criminal offence and even if the charge is subsequently dismissed, withdrawn or stayed, you have a criminal record. The record of the fact that you were charged as well as your fingerprints, photographs and any other information you gave at the time of your arrest is kept on a Police file.

In order for your criminal record to be cleared we petition the local police agency requesting your file, including photographs and fingerprints be destroyed. This process can take from 6 – 12 months.

Police do maintain the right to retain files when they determine it is in the public’s best interest to do so. Each individual police agency has their own procedures and requirements relating to these applications.

Am I eligible for a Pardon? 

The Canadian Criminal Records Act offers a pardon for all past offences, once the sentence is complete, and after the following waiting periods:

5 years:  For a summary offence

10 years: For an indictable offence or a summary sexual offence

10 years: For a personal injury offence (with a sentence of 2 years or more) or for an indictable sexual offence

Obtaining the documentation in support of the pardon application takes several months. It is suggested that the pardon application process is initiated at least one year prior to the required waiting period.

If you are unsure of your eligibility for a Canadian criminal record pardon, please contact our offices


What is the difference between a Pardon and A U.S. Entry Waiver? 

A  Canadian Pardon removes your criminal record from searchable computer databases in Canada. A U.S. Entry Waiver is a legal document allowing you entry into the United States. The US Entry Waiver grants you admissibility that would otherwise be denied given your Canadian criminal record. If you have been denied entry to the U.S. you will require a U.S. Entry Waiver. If you have a criminal record in Canada, yet you have never been refused entry into the United States, you might consider only a Pardon. However, in that the United States does not recognize Canadian Pardons, if they are made aware of your record even after receiving a Pardon you could still be refused entry, be deported, detained or have property seized.

Can all crimes be pardoned?


No. Murder convictions and any convictions carrying a life sentence cannot be pardoned.

Under new rules brought in in 2012, Section 1 offences against a minor cannot be pardoned. As well, if you have three or more convictions each carrying a sentence of two years or more, you cannot apply for a pardon.

Can a Pardon be denied?


The National Parole Board does have discretion when considering your conduct during the three or five year eligibility period. If you meet the eligibility requirements it is rare that a Pardon will not be granted. In the rare cases where the Board issues a Proposal to Deny you have 60 days to appeal their finding.

Typically a letter of circumstances is required from you outlining the basis of your appeal. If successful, the Board’s ruling will be overturned. If unsuccessful you would have to wait another full year to reapply. It is estimated that 55% of people who file without assistance see their applications denied or returned. Our service relating to Pardon applications carries a full money-back guarantee.

Can a Pardon be revoked?

The National Parole Board may revoke a Pardon if:

·         The Board determines you are no longer exhibiting good conduct

·         The Board discovers you made false statements or withheld relevant information at the time of application

·         You are convicted again

·         If new information emerges which convinces the Board that you were not eligible at the time it was issued or granted 

What documentation is required?

·         We will have you sign the Pardon application we compile for you

·         You will need to have a set of fingerprints done

·         We will require copies of identification

·         Proof of Canadian Citizenship

·         Employment Documentation (or previous year’s tax assessment)

·         We will obtain a certified copy of your criminal record on your behalf

·         We will obtain required court documents on your behalf

·         We will obtain required local police checks on your behalf where permitted or advise you about attending these agencies in person

·         We will obtain your Military Conduct Report, if applicable

While we pay certain fees charged by any third party listed above (disbursements) on behalf of our clients up-front these are charged back to you. Typically these range from $50 - $150.

Criminal Record: We obtain a record check from the RCMP Canadian Police Information Centre (CPIC) in Ottawa. The record from CPIC will list all of your convictions, charges and discharges throughout Canada. The CPIC fee for retrieving a criminal record is $25.

Fingerprinting: To obtain your certified criminal record, you are required to be fingerprinted. Fingerprinting fees range from $25.00 - $80.00. If you are fingerprinted in ink, we will scan and digitize the prints, to expedite the criminal record retrieval. Our administration fee for digitizing fingerprints is $25.00.

Court Information: We obtain all court documents detailing your offenses confirming the sentence has been satisfied as required by the Parole Board of Canada [PBC]. Our administration fee is the greater of $20 or the current fee levied by the court.

Local Police Check: A criminal record check from the local police detachment for each city you resided in over the last 5 years is required. Our administration fee is the greater of $60 or the current fee levied by the police detachment. Some local police departments may require personal attendance.
Military Conduct Report:

We obtain the conduct report for past or present members of the Canadian Armed Forces. Our administration fee is $25.

Sexual Offence: If you have been convicted of a sexual offence, you will be required to provide documentation demonstrating reformation of character and verification of victim’s age.
Filing for a Pardon:

The PBC fee for filing a pardon application is $150.00. 

What can you do to help me?


It is estimated over 55% of applications for Pardons filed directly by individuals without assistance are rejected or returned as incomplete or ineligible. Many people find the process time-consuming, difficult and lengthy. Our tried and tested methods together with our contacts with police agencies and courts across the country as well as the National Parole Board ensure you receive the fastest service possible at affordable rates.

Our premium express service is the fastest way to remove your record. We push the process through as quickly as possible.

·         Formulating all required legal documents for your signature

·         Creating a unique process-tracking computer file using our custom database technology

·         Obtaining certified copies of your criminal record, court documents, local police reports and military service records if applicable

·         Reviewing all forms and files for any errors or omissions

·         Petitioning the National Parole Board for your pardon on your behalf

·         Receiving and managing all communications from external agencies

·         Expediting activities to fast track your application by 6 months or more

·         Providing personalized “Pardon in Progress” letters for you to provide to third parties, confirming your expedited Pardon process

·         Providing additional requested documents & services at no additional charge

·         Assigning priority status for response to your enquiries

·         Sending your documents by secured, priority mail

This ensures the greatest chance for your success. Payment options are available to meet every budget. We are fast, we are reliable and we are affordable.

Does A Pardon have limitations?  

Some limitations do apply to Pardons:

·         A Pardon does not erase your record; it moves it to a non-searchable, “sealed” database keeping it separate from all other records.

·         A Pardon does not guarantee entry or visa privileges to other countries.

·         A Pardon does not cancel driving or firearms prohibitions.

·         A Pardon only “seals” convictions the National Parole Board is aware of at the time of considering your file. If the Board is not made aware of a specific conviction it is not included in your Pardon and a further application is required.

Can sexual offences be pardoned?

Yes. Sexual offences can be pardoned however these criminal records while “sealed” are flagged denoting the nature of the offence. While your criminal record will not appear in normal searches should an organization working with the vulnerable sector (children, mentally disabled, elderly), with your permission, conduct a search they will be advised of the flag. Knowing this it is likely they would want you to disclose details of your record.


What are Peace Bonds and do they affect my criminal record?


A Peace Bond is a special order imposed by a judge between two parties and is not treated as a criminal conviction. In forming a Peace Bond the parties agree to certain terms and the consequences for breaching the terms are set out in the agreement. Only when the agreement is breached resulting in a criminal conviction is a Pardon necessary.

Does my employer or landlord have access to my criminal record?


Only when you have authorized an employer, perspective employer or landlord in writing can they undertake a criminal record search.

Employers in the provinces of Ontario, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?” In the provinces of British Columbia, Quebec, PEI and the Yukon, a record of criminal conviction is considered grounds for discrimination making even this question illegal.

The provinces of Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a Pardon is granted though, it is “sealed” and separate from other records thus it is not accessible by any employer. Further it is illegal in all jurisdictions to ask applicants if they have ever been arrested.

Will my criminal record affect my ability to adopt?


Yes. Before adopting a child the law requires that a criminal record search be completed. It is best to apply for a Pardon before starting the adoption process.

Will my criminal record affect my ability to apply for Canadian citizenship?


Yes. Many applications are halted when Canadian Immigration officials ask for a Pardon. If the process is not completed in time the application will be rejected causing a delay which can stretch on for years. It is recommended that you apply for a Pardon before beginning the process.

Can my military record be pardoned?


Yes and we take the added step of obtaining your Military Conduct Record from the National Archives or your Commanding Officer as required by the National Parole Board


What is the process and how long does it take?It’s as simple as 1-2-3!

1.     Initially you need to obtain a set of fingerprints from your local police detachment or another authorized private fingerprinting service. We will advise on the most expeditious way to get this done depending on your location.

2.     We have you sign the required National Parole Board application. We obtain a certified copy of your criminal required which is required by the Board to determine what local police checks and court documents will be required to successfully complete your petition. We may need to ask you to attend your local police detachment in person to get the required police check. This depends on the jurisdiction. Each police agency has their own rules and requirements.

3.     Once we have all the documents we need from the various agencies we are able to finalize your application and petition the National Parole Board on your behalf.

With our premium express service where we expedite your application every step of the way, the process can take between 6 – 12 months. This is largely dependent on the extent of your record and the number of police and court checks we need to obtain. It also depends on each individual court and police agency attending to our requests as expeditiously as possible. With our standard service we suggest a 12 – 18 month processing time.

Often we are able to accomplish this sooner but our experience suggests our timelines are genuine and real. Our service specialists would be pleased to discuss your personal situation with you.

Travel to the U.S. and Abroad 


What is a Waiver and Why do I need one?

A criminal record can follow you for life. It can affect your travel opportunities both to the United States and abroad. A U.S. Entry Waiver is an official document granted by the United States which allows for entry into their country to people who would otherwise be inadmissible. The United States base admissibility on several criteria most notably whether your criminal offences are considered to be of moral turpitude which is “conduct that is considered contrary to community standards of justice, honesty and good morals.”

A Waiver brings relief and a new found freedom. It allows for travelling to, and through, the United States. It gives you back control of your life. You choose where you would like to visit and vacation.

Can I travel abroad with a criminal record?


Canada and the United States share a reciprocal agreement regarding border compliance and access to criminal record databases. While other countries do not, it would seem you could travel abroad without worry. The concern is that the United States has announced a program beginning in December, 2010 whereby all aircraft originating from Canada and travelling over U.S. airspace will be required in advance of such flights to provide complete passenger manifests (lists). This program is initially intended to screen for potential terrorist threats however this capability provides for further changes to their protocols and procedures at their discretion. If additional changes are implemented without a U.S. Entry Waiver or a Canadian Pardon you might be denied access to the U.S. putting at risk your travel plans. It is illegal to enter most countries with a criminal record. Call one of our Specialists before booking your trip. 

Am I eligible for a Waiver?


Yes! Everyone is eligible to apply for the U.S. Entry Waiver.

The granting of waivers is based on three factors:

·         The risk of harm to the United States if you are admitted;

·         The seriousness of your offence;

·         Your stated purpose for entering the United States

Waivers are granted at the sole discretion of U.S. border authorities. They are granted for periods ranging from one to five years.


What is the difference between a U.S. Entry Waiver and a Canadian Pardon and what do I need?


A U.S Entry Waiver is a legal document allowing you entry into the United States whereas a Canadian Pardon removes your criminal record from searchable computer databases in Canada. The Entry Waiver grants you admissibility that would otherwise be denied given your criminal past. If you have been denied entry to the U.S. you will require a U.S. Entry Waiver.

If you have a criminal record in Canada, yet you have never been refused entry into the United States, you might consider only a Pardon. However in that the United States does not recognize Canadian Pardons, if they are made aware of your record even after receiving a Pardon you could still be refused entry, be deported, detained or have property seized.

A U.S. Entry waiver removes any risk of deportation, detainment, arrest, vehicle confiscation or property seizure.

Do all crimes make me inadmissible to the United States?


No. The United States has regulations in place to determine admissibility but because border authorities are granted significant discretion anyone entering the U.S. with a criminal record can be deported or detained and in the worst possible cases be arrested or face property seizure. The United States base admissibility on several criteria, most notably whether your criminal offences are considered to be of moral turpitude which is "conduct that is considered contrary to community standards of justice, honesty or good morals." This includes any narcotics convictions.

What documentation is required?


·         We will have you sign official applications we compile for you.

·         You will need to have a set of fingerprints done immediately.

·         Proof of Canadian Citizenship.

·         Employment Documentation (or previous year’s tax assessment).

·         We will obtain a certified copy of your criminal record on your behalf.

·         We will obtain required court documents on your behalf.

·         You will need to obtain 2 letters of reference from reputable people.

·         If a Pardon has been granted previously you will need to provide us the Pardon Granted letter you received.

·         If your offences involved narcotics you will require a certificate from your doctor or a drug test to prove you are not using.

While we pay certain fees charged by any third party listed above (disbursements) on behalf of our clients up-front these are charged back to you. Typically these range from $50 - $150.

What can you do to help me? 


A large number of U.S. Entry Waiver applications filed directly by individuals without assistance are rejected. Many people find the process time-consuming, difficult and lengthy. Our proven methods together with our contacts with courts across the country as well as the United States Department of Homeland Security and other border authorities ensure you receive the most professional, up-to-date assistance available. Our company has been in business for 28 years and as such use our entire network to help you get the result you need. Trust in Experience.

Our premium express service is the fastest way to compile your application. We push the process through as quickly as possible without compromising the effectiveness of your petition.

·         Formulating all required legal documents for your signature.

·         Creating a unique process-tracking computer file using our custom database technology.

·         Obtaining certified copies of your criminal record and court documents.

·         Guiding you through the process of compiling effective support documentation to lower your risk assessment and build the strongest case possible for your entry into the United States.

·         Reviewing all compiled materials and your application for accuracy and effectiveness.

·         Referring you to the appropriate, most convenient Department of Homeland Security office in your area for filing your application.

This ensures the greatest chance for your success. We are fast, we are reliable and we are affordable.

Does a U.S. Entry Waiver have restrictions?


A U.S. Entry Waiver grants you the same rights to entry or refusal as anyone else. When entering with a Waiver you must have the document available for border officials. Also, you will be subject to possible inspection like any other person attempting to enter the United States. 

What is the process and how long does it take?


1.Initially you need to obtain a set of fingerprints from your local police detachment or another authorized private fingerprinting service. We will advise on the most expeditious way to get this done depending on your location.

2.We obtain a certified copy of your criminal record to determine what court documents will be required to successfully complete your application.

3.We will need you to provide two letters of reference from reputable individuals. If your criminal record indicates narcotics charges you will need to get a certificate from your doctor or have a drug test completed to show you are no longer using. You will also need to write a letter of explaining the circumstances of your offence(s) which we will advise you as to format and tone.

4. We will need a letter of employment from you or a copy of your most recent tax Notice of Assessment. Once we have all the documents we need, we compile your application checking for accuracy, completeness and effectiveness.

5. Your application package is sent to you as you must personally attend a U.S. border office to submit it and have a second set of fingerprints and photographs taken.

With our premium express service, we expedite your application every step of the way, the process can take between 6 – 12 months. This is largely dependent on the extent of your record and the number of court checks we need to obtain. It also depends on each individual court attending to our requests as expeditiously as possible.

Often we are able to accomplish this sooner but our experience suggests our timelines are genuine and real. It is our policy to use caution when quoting timelines as we do not want to misinform you. We always look to deliver exactly what we promise. This is our commitment to you. It is also why we continue to receive referral business from past clients. Our service specialists would be pleased to discuss your personal situation with you.

How long is a Waiver valid for?
A U.S. Entry Waiver is good for multiple entries and can be issued for 1, 2 or the maximum 5 years..


Employment


Does my employer have access to my criminal record?
Only when you have authorized an employer or perspective employer in writing can they undertake a criminal record search.

Employers in the provinces of Ontario, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?” In the provinces of British Columbia, Quebec, PEI and the Yukon, a record of criminal conviction is considered grounds for discrimination making even this question illegal. 



What can an employer ask me about my record before and after a Pardon?


Employers in the provinces of Ontario, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?” In the provinces of British Columbia, Quebec, PEI and the Yukon, a record of criminal conviction is considered grounds for discrimination making even this question illegal.

The provinces of Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a Canadian Pardon is granted though, it is “sealed” and separate from other records thus it is not accessible by any employer.

Can an employer ask if I've ever been arrested?
It is illegal in all jurisdictions nationwide to ask applicants if they have ever been arrested.

How can you help me get a job with a criminal record?
With our premium express service we include “Pardon in Progress” letters when requested. These letters are signed personally by senior management and state that you have applied for a Canadian Pardon and that your application is in process. In many cases this is sufficient for potential employers. These letters are also available to our standard service customers for a nominal fee.

Discharges 


What are absolute & conditional discharges?

A discharge is granted when the court finds you guilty of an offence but chooses not to convict you after considering your special circumstances. You do however have a criminal record. If you also have convictions on your record and you apply for a Pardon, the record of your discharge(s) will be removed when your Pardon is issued or granted. 

Do discharges appear on my criminal record?
Yes. Both absolute and conditional discharges appear on your criminal record. If you only have a discharge on your record and the discharge was given on or after July 24, 1992, the record of the offence is removed automatically one year after if you were given an absolute discharge and three years after if you were given a conditional discharge.

How do I get a discharge off my criminal record, prior to July 24, 1992?
If you only have a discharge on your record and the discharge was given prior to July 24, 1992, an application must be made to the RCMP Purge Unit to have the record removed. The process takes 4 – 6 months. Speak to one of our service specialists today to determine what is right for you.

Stays of Proceedings

Do I have a criminal record if my charges were stayed, withdrawn or dismissed?
Yes. If you were charged with a criminal offence and even if the charge was subsequently stayed, withdrawn or dismissed you will have a criminal record.

How can I remove stayed, withdrawn or dismissed charges from my record?
On your behalf, we petition the arresting police agency to remove the record of the fact you were arrested as well as any fingerprints, photographs and other information you may have provided at the time of your arrest. We request these be destroyed and further we petition them to remove your criminal record from the Canadian Police Information Centre (CPIC) computer database.


Youth Criminal Records 

Are my youth charges and convictions on my criminal record?

Typically charges and findings of guilt of a young offender and the management of access to any records are held in compliance with the Youth Criminal Justice Act which came into being in 2002. However, when charged and sentenced as an adult even when you are under the age of 18, these records are maintained under the Criminal Records Act the same as adult records are.

The laws regarding maintaining youth records and the access to youth records vary and are somewhat complex. Generally though, a summary youth charge will automatically be removed from your record after three years while an indictable youth charge will be removed after five years. If you are convicted of an adult offence while your youth charge is still accessible, the youth conviction will be frozen onto your criminal record as held in the Canadian Police Information Centre (CPIC) computer database. While on CPIC it is viewable like any adult record when a background check is undertaken. To discuss your specific situation please contact one of our service specialists today.


What Sets You Apart From Other Companies?


As the industry pioneer we have assisted tens of thousands of Canadians with both Canadian Pardons and U.S. Entry Waiver applications since our inception in 1989. We have and continue to process more applications than any other service provider. Our referral business speaks volumes and shows us we are doing right by the only people that matter – our clients. We also assist with having police files purged (destroyed) and obtaining criminal checks.

Our 20 years of proven experience makes us the most professional, efficient and discreet service provider in Canada. We have long established relationships with government agencies and the most up-to-date processing systems. We are proud of our A+ rating with the Better Business Bureau, the highest grade possible. We are fast, we are reliable and we are affordable. Our commitment to service excellence ensures a knowledgeable specialist is available to answer your call from 10:00 a.m. – 8:00 p.m. Eastern or 7:00 a.m. – 5:00 p.m. Pacific Time Monday to Friday. Don’t leave your freedom in just anyone’s hands.