Can You Get a Pardon for a Felony Charge in Canada?

Aug 6

3 min read

Having a felony charge on your record can have long-lasting effects on various aspects of your life, including employment, travel, and social interactions. In Canada, individuals with felony charges may seek a pardon (now known as a Record Suspension) to mitigate these impacts. This blog will provide a comprehensive overview of what a felony charge is, what a pardon entails, and whether you can obtain a pardon for a felony charge in Canada. We will also highlight why SekCheck is an excellent choice for assistance in applying for pardon in Canada.

What is a Felony Charge?

In the Canadian legal system, crimes are categorized into summary offenses and indictable offenses. Indictable offenses are the more serious crimes, similar to what are known as felony charges in the United States. These crimes typically involve severe penalties, including lengthy prison sentences.

Examples of Felony Charges (Indictable Offenses)

Murder: The unlawful killing of another person with intent.
Sexual Assault: Non-consensual sexual contact or behavior.
Robbery: Theft involving violence or the threat of violence.
Drug Trafficking: The production, distribution, and sale of illegal drugs.
Fraud: Deceptive actions intended to result in financial or personal gain.

What is a Pardon in Canada?

A pardon, now officially referred to as a Record Suspension, is a process by which the Parole Board of Canada removes a person's criminal record from the Canadian Police Information Centre (CPIC) database. This does not erase the conviction but separates it from other records, ensuring it is not disclosed during background checks for employment, volunteering, or other purposes, except in specific circumstances.

Benefits of a Pardon

Improved Employment Opportunities: Many employers conduct background checks, and a pardon can prevent your criminal record from showing up, increasing your chances of getting hired.

Enhanced Travel Opportunities: While a Canadian pardon does not guarantee entry to other countries, it can improve your chances of obtaining visas and crossing borders.

Social and Personal Benefits: A pardon can help reduce the stigma associated with a criminal record, allowing you to move forward with your life more confidently.

Can You Get a Pardon for a Felony Charge in Canada?

Yes, it is possible to obtain a pardon for a felony charge (indictable offense) in Canada. However, the process is stringent and requires meeting specific criteria.

Eligibility Criteria

Completion of Sentence: All aspects of your sentence must be completed, including imprisonment, parole, probation, and payment of fines or restitution.

Waiting Period: You must wait a specified period after completing your sentence before applying for a pardon:

5 years for summary offenses.
10 years for indictable offenses (felony charges).
Demonstrating Good Conduct

During the waiting period, you must demonstrate good conduct, meaning you should avoid any new criminal charges or involvement in illegal activities. The Parole Board of Canada will assess your behavior during this period to determine your eligibility for a pardon.

Application Process

Gather Necessary Documents: Collect court records, police records, and any other required documentation related to your conviction and sentence.

Obtain Fingerprints: Have your fingerprints taken by an accredited fingerprinting agency to obtain your criminal record from the RCMP.

Complete the Application Form: Fill out the Record Suspension application form provided by the Parole Board of Canada accurately and thoroughly.

Submit the Application: Send your completed application, along with the required documents and application fee (currently $644.88), to the Parole Board of Canada.

Wait for a Decision: The Parole Board will review your application, which can take several months to a year or more, depending on the volume of applications and complexity of your case.

Factors Influencing the Decision

Nature of the Offense: More serious offenses may undergo more stringent scrutiny.

Rehabilitation Efforts: Participation in rehabilitation programs, community service, or other positive activities can support your application.

Character References: Letters from employers, community leaders, or other respected individuals can attest to your good character and rehabilitation.

Obtaining a pardon for felony charge in Canada is a complex but achievable goal for those committed to moving forward positively. By meeting the eligibility criteria, demonstrating good conduct, and carefully preparing your application, you can significantly improve your chances of success.

For those seeking expert assistance in navigating the pardon process, contact us today. With our expertise, dedication, and comprehensive support, we can help ensure your application is thorough, accurate, and timely, increasing your chances of successfully obtaining a pardon and moving forward with your life.

Contact Us

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