Eligibility Criteria for A National Pardon in Canada

Sponsored Content: Criminal records are usually discriminatory for job hunters and in society as a whole, there is a frown upon even the littlest of crimes as long as there is a recorded criminal charge on your profile. For the removal of this negative reflecting image on one’s profile, a National Pardon can be applied for.

A National Pardon, also known as a record suspension should in no case be taken as a form of forgiveness. Neither does receiving this pardon indicate the absence of a crime or a mistrial. It is a simply a record suspension given on account of the good conduct and behavior of an applicant and hence a background search and profile of the individual would not reveal a criminal record, eliminating the bad image.

For an applicant to obtain or even apply for this pardon certain criteria must be met for eligibility. Due to the flexibility of the law, there might be changes over time to the eligibility criteria for a National Pardon.

The criteria for eligibility is discussed as follows:

First, to receive a National Pardon in Canada one must be aware that a record suspension is always given and can only be given after the completion of his or her sentence term.

On completion of his/her sentence, a waiting period follows after. The waiting period is the time frame that determines if an accused can be said to be of “good conduct and good behavior”. The determination of such label is not liable for debate in the court of law.

In other words, to determine if an applicant for a national pardon is of “good conduct and behavior”, is completely independent of the law. The time frame for the waiting periods varies according to the type of offense charged with.

For a summary offense, the waiting period is for five years and not less than ten years for an indictable offense. It is important to note than one can begin their application for a pardon, one year prior to becoming eligible.

The appearance of a criminal record is not, however, exclusive to guilty charged accused persons. Criminal records appear for individuals who have been found to be suspected and also for individuals found to be discharged on the account of not-guilty. The appearance of such on a person’s profile and the record can be detrimental their image and society stand. Therefore, a national pardon can be requested for.

It is vital to note that the applicants for a national pardon which are not convicted felons are still liable to a waiting period. But in cases as these, the waiting periods are shorter and are dependent on the type of discharge.

Absolute discharge warrants a waiting period of not less than one year while a conditional discharge’s waiting period is three years. Also, a non-guilty discharge also has to the waiting period of one year after which, all records of crime can be removed.

The process of pardon can be individual, through a lawyer or any company rendering such services. The time duration of the processing for a National pardon cannot be determined but in reality, it slightly dependent on how long the waiting period runs and if the application was sorted out for on time.

• Tags:
• Canada
• Criminal Record
• National Pardon

COMMENTS.

comments