What is a pardon? How do I get one?

A pardon, more accurately referred to as a record suspension, keeps the judicial record of your conviction(s) separate and apart from other criminal records. This removes all information about your conviction(s) from the Canadian Police Information Centre (CPIC) database and means that your conviction(s) will not show up on a regular criminal record check.  Your criminal record is not erased but is kept separate and apart from other criminal records. Depending on the nature of your offence, your conviction could still show up on a vulnerable persons record check. This could be very helpful for anyone seeking employment or education opportunities that require a clean criminal record check.

Pardons can be obtained for many Criminal Code of Canada offences.  The wait time for a pardon depends on the offence committed and the type and length of sentence you received. It is a complicated process with many steps. You do not require a lawyer to apply for a pardon and you can complete the application on your own. However, we can help you navigate this complex process and ensure that your application is completed correctly.

What are ‘terms of recognizance” (bail terms)? Am I required to follow them?

Terms of Recognizance are the rules set for you by the Court while you await the conclusion of your criminal matters. Even though you are presumed innocent until proven guilty, you are still required to abide by these rules.

The result of not following one of these rules is the potential for further criminal charges, often referred to as a “breach”. This means additional criminal charges, which you must deal with, and can have significant impact on other issues like your right to bail.

It is possible to have a term changed – although it can be a complicated process. Contact us if you need experienced assistance.

Am I able to have my police record expunged?

Even if you are successful in having your criminal charges withdrawn, dropped, or stayed, they may still be recorded in your local police services’ records. This means that those charges may be viewed when you request to have a Vulnerable Records Check completed. This can impact your ability to study or work in certain sectors.

While the ability to have this police record removed is discretionary by the police services keeping the record, it is possible. We can assist you with having your record expunged.

How can I get a pardon? How can I remove my criminal record?

Pardons may be obtained for many offences in the Criminal Code of Canada.  The wait time to apply for a pardon will depend on the offence and the type and length of sentence you receive.  You need to talk to an experienced criminal lawyer to assist you with this challenging process.  In recent years, the Canadian government has significantly reduced, restricted, or, in some instances, removed your ability to apply for a pardon.  We can help you.

What is the early intervention program?

The Early Intervention program is a program designed to assist those charged with Domestic Assault in avoiding a criminal record. To enter the program, an accused must enter a plea of guilt to one (or more) of the domestic charges. The accused must then complete a program of domestic violence counselling and will (upon successful completion of the program) be given a Conditional Discharge (no criminal record). The other advantage is that the accused’s release terms (bail terms) will be amended to allow the accused to return back to the family home immediately.

if you have questions about the early intervention program, call us and we can help explain the program and the pros and cons of participation in it.

What is a conditional discharge? what is an absolute discharge? what is the difference between a conditional discharge and an absolute discharge?

The Criminal Code of Canada provides that someone found guilty of a criminal offence may be discharged.  A Conditional Discharge is a sentence in which you may be found guilty of an offence but no conviction is registered against you (in other words, you will have no criminal record).  Although a discharge is not considered a conviction, a record of an Absolute Discharge or Conditional Discharge is kept by the Canadian Police Information Centre (CPIC) and by the police agency that laid the charge and is only purged from your police record after three years.

The Criminal Records Act states that, except in exceptional circumstances, if you satisfy the terms of your discharge, no record may be disclosed after a three year waiting period. For this to happen you must satisfy the conditions placed on you by the court.  Once you satisfy those conditions, your discharge becomes absolute and your waiting period begins. You may be placed on probation for a period of up to three years. If you fail to meet the conditions of the probation, or commit another criminal offence during the probation period, you may be returned to court where the discharge is cancelled and receive a criminal conviction and sentence on the original offence, and for breach of probation.

A court may grant a Conditional Discharge or an Absolute Discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.

Can I travel across the border if I am charged with drug possesion?

Yes.  You may travel while your drug charges are before the courts.  Remember, you are presumed to be innocent at all times.  However, border guards/homeland security personel have very broad powers to deny anyone access to the country.  It is unclear what is shared with U.S. and international authorities and the timing of any sharing that occurs.  Some of my clients sail through without difficulty and others experience delay.  Travel to the United States and some other countries like Mexico, Cuba and England may prove to be more difficult than other countries.  My advice is to try a day trip across the U.S. boarder on a day when you do not have a time deadline.  Purchase something in the United States and declare it on your way back.  This way, you will be typed into the system and you will know whether you have been flagged in any negative way.

Simplifying the process.

We’ll do all we can to simplify the process for you.

Defending your interests and protecting your rights as we guide you through the legal process is anything but simple. That said, we will do everything we can to relieve your stress and simply the process for you.