Tuesday May 23, 2017

Obtaining a Record Suspension

Authored by: Terrance G. Sheppard Posted in: Criminal Law

Given the tighter border security resulting from the Executive Order on Immigration from President Donald Trump, it is even more important for Canadians travelling to the United States with criminal records to obtain a record suspension (formerly called a pardon) or a Waiver (I-194). 

If you were charged but not convicted; for example, the charge was withdrawn, stayed or you received a discharge, it is important to obtain a file destruction under the Identification of Criminals Act

To have your file destroyed, apply to the local police agency that charged you with the criminal offence and arrange for that police agency to make a formal request to the RCMP to have your records destroyed.

If you were convicted of a criminal offence, then the police will not destroy your record.  They will only consider destroying your record if:

You may have to wait some time before applying for the record destruction.  For example, if you entered a peace bond, you will have to wait until the peace bond has expired.  If you received an absolute discharge, you must wait a year, and for a conditional discharge, three years.  Once you start the process, it can take several months, and up to two years, before the record is completely destroyed. 

If you need more information on pardons/record suspensions please visit our Criminal Law page or contact Criminal Law Lawyer Terry Sheppard

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Wednesday June 19, 2019

Bad Faith and Costs Consequences

Authored by: Terrance G. Sheppard Posted in: Family Law

Litigants are not rewarded for bad behaviour. In a recent decision out of the Ontario Superior Court of Justice, a father was ordered to pay $420,000 in costs to his former spouse, after losing the case for custody of their young daughter.

Read full article
Blog Post | Thursday June 13, 2019

Canadian Official Marks: Qu’est-ce que c’est?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

The Trademarks Act (the “Act”) contains a unique provision that allows “public authorities” to by-pass the normal trademark registration application process and to protect their “official marks” indefinitely. There is no similar provision in any other country’s trademark protection regime.

Read full article
Blog Post | Friday June 7, 2019

Accident & Personal Injury Law Team - request a free consultation

Posted in: Personal Injury

We are an experienced, passionate and dedicated team of accident & personal injury lawyers.

Read full article
Blog Post | Wednesday May 29, 2019

Family Law Resources: Wise Words from a Family Court Judge

Authored by: Mary H. Brown Posted in: Family Law

Although now 10 years old, Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court, by Justice Harvey Brownstone of the Ontario Court of Justice, remains an insightful and powerful read on the uses and misuses of family court.

Read full article