Frequently Asked Questions

 Pardon Fees: How much will it cost to get a pardon?

This is the question on everyone’s mind, and an important one to ask. You are looking at 4 fees:

1)      The Parole Board of Canada processing fee of $50 **now included in the file preparation fee

 

This fee goes to the government to look over your application and come to a decision in your case. This fee has recently been significantly reduced to $50.00, from its all-time high of $657.77

 

2)      File preparation fee of $700.00 (standard); $1,000.00 (select)

This is our company’s cost (before tax) to prepare an application on your behalf. You’re paying for our expertise in the completion of pardon requests, with this cost also including the following:

-          court records

-          police information requests

-          document preparation

-          guidance and revision of personal statements

-          standard mailing

-          affidavit drafting

-          completion of all relevant paperwork for the file

-          phone and email support

- Parole Board filing fee

Be advised that third-party agencies like us all charge different costs to prepare a file and cover (or don’t) a range of disbursements. We advise a “buyer beware” mentality; if the cost seems “too good to be true” it probably is. Ask yourself, and the company, are there hidden fees? We choose to be transparent about the costs involved so that there are no surprises!

3)      Local police check fee(s) of $45.00 on average

As a requirement of your pardon application you must obtain a local record search in each police jurisdiction you have resided within in the last 5 years. Detachments charge different fees anywhere from $0 (usually seen in more rural locations) to $130 (although such high fees are unusual). We will prepare the relevant paperwork and provide detailed instructions for submission, however we do not cover police check costs.

4)      Fingerprinting cost of $65.00 on average

As the first step in the application process you must obtain a certified criminal record check via fingerprints submitted to the RCMP, specifically for the pardon application. Most police stations (aside from some major city centres) and RCMP detachments provide this service, as do accredited third-party agencies; fees vary accordingly.

A-Z, for our standard service, we recommend that you budget approximately $1,000.00 for your pardon, which includes the $50.00 sent to the government. Be advised that if you are preparing the paperwork on your own you are still responsible for the $50.00 filing fee and associated preparation costs.

We require a $200 flat fee as a non-refundable deposit to start your application and can arrange an interest-free payment plan for the balance that suits your personal circumstances. We understand the financial commitment required to obtain a pardon, and want to assist you achieve that goal because we believe it is worth it!!

 Pardon Timeframes: How long will it take to get a pardon?

The average pardon application takes 6-12 months from start to finish if you are eligible to file when you start the process. Specific waiting periods and sentencing requirements must be met before you are eligible (more information on eligibility can be found under “Pardon Eligibility” in FAQs).

Timeframes vary based on the severity of your record, as minor offences (for example DUIs) are processed more quickly by the Parole Board (a few weeks) vs. offences deemed more serious (like Robbery). Timeframes can also be affected by government processing at the courts. Trust us, we wish we could expedite government agencies, unfortunately we can’t. Nobody can.

Note that timeframes are averages and not guaranteed. We will do everything as quickly as possible within our office, however other agencies work at their own pace. We do see many applications processed in as little as 3 months, but we want you to have realistic expectations.

To request a timeframe estimate on your specific case, please contact our office. Be advised that COVID-19 restrictions in place have resulted in, and are expected to continue to result in, delays.

 Pardon Eligibility: How do I know when/if I am eligible for a pardon?

You should be eligible for a pardon 3-10 years following the completion of your sentence with some exceptions.

Determining eligibility is one of the more complex parts of the pardon process, as many factors contribute to your being eligible to apply. Important to note is that you can start the application with us at any time regardless of if you are eligible yet.

Eligibility is based on 3 main factors:

1)      The severity of the offence

 

Less serious offences (ex. DUI, simple assault, Theft Under $5000) carry a waiting period of 3-5 years (depending on when the crime took place). These are referred to as SUMMARY offences.

 

More serious offences (ex. Robbery, Drug Trafficking, Fraud Over $5000) carry a waiting period of 5-10 years (again, depending on when the crime took place). These are referred to as INDICTABLE offences.

 

There are also some offences known as HYBRID offences that can be Summary OR Indictable (ex. Assault Causing Bodily Harm), but let’s not complicate things for the moment…

 

2)      When your FIRST offence took place

Summary (less serious) offences occurring BEFORE March 13, 2012: 3 years

Summary offences occurring AFTER March 13, 2012: 5 years

Indictable (more serious) offences occurring BEFORE March 13, 2012: 5 years

Indictable offences occurring AFTER March 13, 2012: 10 years

Important to note when calculating which waiting period applies: the date your first crime was committed, NOT when you were arrested, charged or convicted.

There are some exceptions to the above, mainly when sexual offences are involved. For detailed information on eligibility for indictable sexual offences or sexual offences involving a minor please contact our office.

3)      When your sentence was completed

Once you know how long you are required to wait it’s important to note that the waiting period (3, 5, or 10 years) begins from the completion of your sentence.

Completing your sentence involves these main things:

-          paying all money owed to the court or victims of your crime (fine/restitution payments)

-          serving your house arrest/probation

-          jail time (what you were sentenced to, not what you ended up serving)

The bad news when it comes to eligibility usually relates to fines. For example, if you were found guilty in 1977 and never paid your fine, your waiting period hasn’t started yet.

Note: prohibitions (ie. weapons, driving) do not count when calculating eligibility.

Call the office for more information on your specific eligibility, or visit the Parole Board’s website to use their calculating tool.

 Pardon vs. Record Suspension: What is the difference?

To make a long story short, for all intents and purposes, they’re the same thing. More specifically the outcome of the pardon, or record suspension, is identical; your record is sealed.

Your first offence date determines if you receive a pardon or a record suspension. First offences prior to March 13, 2012 (when the legislation, and name, changed) will be pardoned, offences after will be suspended. The government at the time thought the term “record suspension” more accurately described the outcome of the application, and so the name was changed.

The Conservative government under Stephen Harper made it more difficult to obtain a “record suspension” by increasing the waiting periods and the filing fee, but we won’t get into politics here…

For the purpose of this website we will use the term “pardon”, simply because it is the name that people are most familiar with.

 Pardon outcomes: What does a Pardon do?

A pardon seals your criminal record.

Once you have been pardoned any name + date of birth or fingerprint criminal record check will come back clear. Your prior record cannot be used against you in future court cases, employers will not be able to see your record (or that you’ve been pardoned), and you can legally answer “no” when asked questions about prior offending.

When it comes to the US border things get a bit more complicated. For more information about travelling with a pardon please view our “Pardons and travel” FAQ or call the office to speak with us about your specific circumstances.

Note: pardoned sexual offences will appear on record checks required to work with vulnerable populations.

 Get a pardon now: Can I expedite the process?

In a word, no.

We get it. Having a record makes it difficult to work, travel, volunteer, and continue your education. We wish there were a way around the waiting period, paying your fines, or government delays in processing, but there isn’t. No lawyer, Member of Parliament, or agency can change your eligibility, prioritize your case, or make any exceptions. Our recommendation? Vote.

Warning: any agency or individual claiming to be able to expedite your application with the government should be avoided.

 Fingerprinting for pardons: Where do I go and what do I ask for?

Fingerprinting is the first step in the pardon application process. This is to obtain a certified copy of your criminal record information from the RCMP.

You do NOT need to be fingerprinted directly by the RCMP. Whether you are fingerprinted at your local police station, accredited third-party agency, or RCMP detachment, all fingerprints are submitted to RCMP Headquarters in Ottawa for processing. Timeframes should be the same regardless of where you choose to take your fingerprints.

You must be fingerprinted for the purpose of a Record Suspension (pardon). Record checks completed for other reasons (ie. Immigration or Employment) will not be accepted.

Fingerprinting fees vary based on the organization and are usually anywhere from $50 to $85. A $25 RCMP certification fee will apply and is usually included in the listed price (but it never hurts to confirm).

Ink fingerprints are no longer accepted by the RCMP; only digital submissions will be processed.

Note: some fingerprinting services have been suspended due to the pandemic. Call ahead to confirm any service suspensions or updated procedures.

 Cannabis pardons: How do I know if I qualify and is it free?

It’s not as straight-forward as you think (or as easy/free as the government has led Canadians to believe).

IF you qualify the $50.00 government filing fee does not apply, however you must still cover fingerprinting, court record, police information request (if required) and local police check costs.

In terms of the preparation of the file (from our perspective), it is just as involved as filing for a regular pardon (if not more convoluted).

To quality you must meet the following requirements:

-          Have ONLY simple possession charges on your record

-          Be able to prove that the substance involved in your crime(s) was cannabis

In the vast majority of cases your RCMP report (certified criminal record) will not include information on the substance, and this information will need to be obtained from the court or arresting police service.

You cannot have any other type of offence on your record and cannot apply to have only your possession conviction removed. This includes other drug-related offences even if the substance was cannabis: ie. cultivation, possession for the purpose of trafficking, and trafficking in a narcotic.

Call the office to confirm if your record would meet the eligibility requirements for a cannabis pardon.

 DIY pardons: Can I do it myself?

Yes, absolutely.

You do not need to hire anyone to assist you with preparing the application, some people are just more comfortable having a professional handle the process for them.

Some applications are more complicated than others, and some people prefer to hand off the responsibility. We are here to help if you need, and will make sure that you do as little as possible; if we can handle it, we will.

 Pardons and travel: Where can I go and what are the risks?

As a general rule, avoid the US until you have a pardon.

The Americans are the only ones who have access to Canadian criminal record information, however some countries might have visa requirements that request a criminal record check as part of the application process. Whether you’re choosing to cross the US border prior to being pardoned or submitting a criminal record check to another country, at that point you are volunteering your record information and assuming the risk of being denied entry.

We could fill multiple paragraphs with information on travelling to the US pre, and post, being granted a pardon, however it’s easier to explain in a conversation. Please call the office for more detailed information if you are obtaining a pardon with the hope of entering the US.

 COVID-19 and pardons: How will the pandemic effect my application?

We are seeing some delays in government processing as a result of the pandemic.

Many government agencies (courts, police stations, the Parole Board, fingerprinting service providers, and the RCMP) have prioritized what they deem to be “essential” processing, and/or have restricted staff/have them working in a limited capacity, suspended services, and are warning of delays as a result.

Per the Parole Board of Canada:

“Due to the COVID-19 situation the Parole Board of Canada currently has limited capacity to process Record Suspension, Expungement and Clemency applications, which will result in delays of their processing. We apologize for any inconvenience this may cause”

 Is there a guarantee: What happens if my pardon application is denied?

The final decision rests with the government, and therefore there is no guarantee.

Beware of any agency or individual guaranteeing your result, as they are not responsible for the final call.

At Suspend This however we are transparent with all clients regarding their chances of success, and guarantee we submit the strongest possible application to the Parole Board for review. It is very unusual for an application to be denied, and denials usually result from the applicant having recent police contact and/or additional criminal charges occurring while the application is in process.

The good news is that you can always reapply should you receive an unfavourable decision, with only a waiting period of 1 year required.