Criminal Record Suspensions

What is the process for applying for Criminal Record Suspensions? In this article we look at the application process, criteria for determining good conduct, and the impact of a suspended record on a person's life. In addition, we discuss the waiting period for record suspensions. The decision-making process can be challenging, and it is important to understand your options.

Can I apply for a criminal record suspension?

If you have a criminal record, you may be wondering, "Can I apply for a criminal record suspension?" The answer depends on how long you've been out of prison. Some applications require a five-year waiting period. But the good news is that you can get an instant response by completing an online application. The government's website even offers a self-assessment tool to help you determine if a criminal record suspension is right for you.

While determining eligibility, the Parole Board of Canada considers a number of factors. One of these is if the offence was committed against a vulnerable person. The majority of respondents agree that this factor is important. The other factors are the duration of the sentence, good behavior, and likelihood of rehabilitation.

The process is not easy. Three in four survey participants said the application process was cumbersome, and some participants also cited the need to streamline the process.

Criteria for assessing good conduct

Good conduct is a major criterion when deciding whether to request a criminal record suspension. It is important to note that this determination is made by the Parole Board of Canada, which considers the nature of the offence and the severity of the sentence. Applicants must provide verifiable documentation to support their claims. For example, they must obtain an attestation of good conduct from law enforcement in the jurisdiction where they previously resided.

In order to be eligible for a record suspension, an offender must have a clean criminal record for at least ten years after the conviction. Alternatively, a person must wait five years if the offence was a summary offense. However, if an offender has been convicted of three or more crimes, they are not eligible for a criminal record suspension.

Impact of a record suspension on a person

In Canada, a person can apply for a criminal record suspension if they have a pending case. This process is not a complete erasure of a person's criminal record, but rather keeps it separate from other records and helps people move forward with their lives. However, people with a criminal record should be aware that this right does not come without certain restrictions.

Before a person can apply for a criminal record suspension, he or she must first pay any fines attached to the offense. While some people argue that these fines should be considered part of the sentence, others argue that these fees should not be a barrier to getting a record suspension. Furthermore, many offenders are unable to find work because of their criminal record.

As the Government of Canada commits to review the changes in the criminal justice system over the last decade, it has undertaken a public consultation. In November and December 2016, more than one thousand people responded to an online survey. In addition, over 70 different criminal justice stakeholders were interviewed in person. These included offender advocates, victims' advocates, national Indigenous organizations, and provincial and territorial representatives. Written submissions were also collected as part of the consultation process.

Waiting periods for a record suspension

The waiting periods for a criminal record suspension depend on the type of conviction and crime. For summary offenses, the waiting period will usually be between two and three years, while for indictable crimes, the waiting period is generally five years. The length of the waiting period should be based on the severity of the offence and the applicant's commitment to change.

There are many reasons for a person to need to complete their time in custody. This includes paying fines and jail time, and completing a probationary period. Despite the lengthy wait, recidivism rates for those who complete their sentence in custody are significantly lower than for those who do not. A prison term also affects recidivism rates.

Participants were divided on the topic of why record suspensions should be offered. While three-quarters of respondents said it should be possible to get a criminal record suspension, half said it was unfair to people who had committed multiple crimes. However, the other half said that record suspensions should be granted to people who had committed at least three indictable crimes.