How to pursue the Criminal Rehabilitation Application

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Criminal Rehabilitation Application

Criminal Rehabilitation can make sure that you will no longer be criminally inadmissible for a particular crime you have committed. Additionally, you can be deemed rehabilitated if enough time has been passed since your sentencing.

You can be eligible to pursue criminal rehabilitation if you obligate with the three following criteria:

  1. You must have committed the offence outside of Canada and it must constitute as an offence under the Criminal Code of Canada
  2. That the offence you committed was in which you were convicted
  3. Depending on your offence, the amount of time in which you must apply for criminal rehabilitation must have passed.

There is a certain time in which you can be deemed rehabilitated or need to apply for rehabilitation:

Indictable offence for 10+years = not be deemed rehabilitated and 5 year wait to apply for rehab.

Indictable offence for less than years = deemed rehabilitated after 10 years or 5 years to apply for rehab.

2 Summary offences = deemed rehabilitated after 5 years.

Summary offence = deemed rehabilitated automatically.

There are also offences that can fall between indictable or summary and they are called hybrid. It is up to the Crown attorney to decide whether or not the crime you committed classifies as indictable or summary.

The equivalence for an indictable offence in the U.S. would be felony and for a summary conviction it would be called a misdemeanour. It is important to know the equivalence of your crime to the Criminal Code of Canada.

Contact Akrami & Associates

It is recommended that you pursue legal advice even if you are deemed rehabilitated because you can be denied entry. The officer reviewing your application assesses the need vs the risk. If he/she feels that you are more likely to re-offend again, then they can deny your application. In the end, it is the officer’s discretion of whether or not to allow or deny you into Canada. Thus your communication skills with the officer are vital.