FAQ – Record Suspensions
FAQ – Record SuspensionsIn this article, I will address a couple of popular questions and answers for record suspensions, also referred to as pardons in Canada. There are several different questions that revolve around record suspensions as it is a broad category that includes many foreign nationals. A record suspension is the best option if you are a foreign national that has been convicted of an offence in Canada. If you feel as though you would be eligible to apply for a record suspension, also known as a pardon, I suggest you read our article on “Is it Possible to be Pardoned of an Offence in Canada” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion regarding record suspensions, also referred to as pardons, in Canada.
Q: Who cannot apply for a Record Suspension?
A: There are many foreign nationals within Canada who have been convicted of an offence within Canada that would like to apply for a record suspension. However, there are specific exceptions to those who can or cannot apply for a record suspension. Therefore, a foreign national cannot apply for a record suspension if they have either been convicted of a Schedule 1 offence, such as a sexual offence involving a minor, under the Criminal Records Act, or, more than three offences were prosecuted by indictment, each with its own prison term.
Q: Who can apply for a Record Suspension?
A: Alternatively, foreign nationals who were convicted, as an adult, of an offence in Canada under the federal act or regulation of Canada, excluding the aforementioned scenarios, can apply for a record suspension. Additionally, if a foreign national was convicted of a crime within another country that was transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act, then they may apply for a record suspension.
Q: How long is the processing time for a Record Suspension?
A: On average, a record suspension application takes approximately 12 to 24 months to process and be granted. However, the process can take longer since there are many documents and information that must be collected before submitting the application. For instance, compiling and acquiring the proper information and documentation can take an additional 3 to 10 months to retrieve. As a result, it is highly recommended to start preparing the application well in advance before your eligibility date is completed. Additionally, if you’d like to submit your application faster, you may also try your best to obtain all of the required information and documentation faster than the 3 to 10 months; however, this is entirely in your hands.
Q: Is a Record Suspension a permanent solution to dissolving my criminal record?
A: This is a very popular question that many foreign nationals have. Once foreign nationals have gone through the process of applying for a Record Suspension, they have high hopes that this will be a permanent solution for dissolving their criminal record. This can most definitely be the case; however, if the foreign national is convicted of a new offence after already obtaining a record suspension, this can reactivate the CPIC database to include the new information. It is important to note that a record suspension does not truly erase your criminal record. Records of any past offences or convictions will still exist, yet they will not appear in and will be kept separately from other criminal records.
Q: What is the waiting period I need to pass in order to apply for a Record Suspension?
A: This is an important question to ask and very important information to know and understand. After you have completed all sentencing with regards to your sentence, this includes all fines, terms of imprisonment, conditional sentences, parole, and probation orders; you must have completed a designated waiting period. For summary offences, a total of five years must have elapsed for you to apply for a record suspension. Alternatively, for indictable offences, a total of ten years must have elapsed for you to apply for a record suspension.
Q: What happens if my Record Suspension application is refused?
A: Many foreign nationals apply for record suspension applications on their own and they can come back refused. In these cases, many applications can get refused due to a lack of information or improper filing of the application. These applications are difficult to pursue and complete on your own and it is highly suggested to seek the help and assistance of Immigration professionals, such as Akrami & Associates. We will help you compile the required information and documentation for your record suspension application. It is essential that you have full disclosure of your criminal record and that your documents clearly indicate that you are rehabilitated and should be pardoned as such. Should your record suspension application be denied, you may reapply after one year.
Contact Akrami & Associates
Should you have any further questions or feel confused or unclear about Record Suspensions, also referred to as Pardons, it is important to talk about and ask any and all questions you may have and discuss your concerns to an immigration professional. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own, especially Record Suspensions, and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients overcome their criminal inadmissibility by applying for a Record Suspension. If you believe that you may be eligible to apply for this application, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!