A pardon is something that permits a person who has been convicted of a criminal offence to have the judicial record of the conviction kept separately from the criminal records of other offenders and stored in a confidential manner.

A pardon can only be granted if the convicted person has completed his sentence, has demonstrated good conduct and if the time required by law has elapsed.

The decision to grant a pardon is made by the National Parole Board under the Criminal Records Act.

Anyone who has been convicted of a criminal offence and has completely served his sentence can request a pardon. If an individual has several convictions, he must have served all imposed sentences.

For example, a person has served her sentence once she has:

• paid the total of the fine, the surcharge and the fees;
  
• complied fully with the order of compensation;
  
• served her sentence of imprisonment, including the period of conditional release or of statutory release;
  
• served her suspended sentence;
  
• completed her period of probation and respected the conditions.

To obtain more information concerning these different sentences, we invite you to consult the Infosheet entitled Sentencing in Canada.

The time to apply for a pardon varies according to the type of offence and the sentence imposed. For indictable offences, a pardon can be granted if you have shown good conduct and have not been convicted of a new offence during the period of five (5) years after the end of the sentence. For summary convictions, the time is three (3) years.

The waiting period of three (3) or five (5) years is calculated starting from the date when the sentence was completely served. For example, in the case of a fine, the waiting period starts on the day you paid the fine in full. If you have been sentenced to a period of imprisonment or probation, the waiting period starts the day that the sentence - including community service - is completely served.

In cases of drinking and driving, a driving prohibition is often included as part of the sentence. In this case, the waiting period starts only after the prohibition expires. To learn more about the difference between an indictable offence and a summary conviction, we invite you to consult the Infosheet entitled Introduction to criminal and penal law.

A convicted person can acquire a Pardon Application Guide from an office of the National Parole Board, an RCMP office, an office of the Sûreté du Québec, a municipal police station or a court of justice. You can also obtain the Parole Application Guide from the website of the National Parole Board.

This guide explains what documents must be provided and how to obtain them. These usually include a pardon application form, the criminal record, local police records check and proof of payment of any fines, fees and surcharges.

The convicted person must then provide the Pardon Section of the National Parole Board with:

• the pardon application form;
  
• the required documents;
  
• a certified cheque, a money order or a bank draft for $50 payable to the Receiver General of Canada for the processing fee.

A wait of twelve (12) to eighteen (18) months is likely, starting from the date that the pardon request is made to the National Parole Board, before you will receive an answer. The wait varies according to the type of offence and the required documents.

During this time, there is an inquiry into the conduct of the applicant since his conviction. The inquiry is generally headed by the RCMP, although it can be either the local police or a parole officer who makes the inquiry.

As we mentioned above, the cost of a pardon application is $50.00. In addition, the applicant must pay the cost of acquiring a complete set of fingerprints. The cost of this process depends according to the agency. Lastly, the applicant must pay $25.00 to the RCMP to obtain a copy of his criminal record.

In the case of a person convicted of an offence punishable on summary conviction, the Board will grant a pardon if the person has not been convicted of another offence within the three year period.

In the case of a person convicted of an offence prosecuted by indictment (indictable offence), the Board investigates the behaviour of the person since his conviction. If the Board is convinced that the person has shown good conduct and has not been convicted of any crime within the five year period, the pardon will be granted.

If the Board believes it will refuse the pardon, it must inform the applicant and give him an opportunity to forward his comments. The Board must then examine these comments before deciding.

The Criminal Records Act states that all records or documents related to the conviction of a pardoned person that are held by the RCMP or a federal department or agency must be kept separate and apart from other criminal records. The information on these convictions is taken out of the Canadian Police Information Centre.

In addition, no information about the convictions of the pardoned person can be divulged without the authorization of the Solicitor-General of Canada. The minister will not give this permission unless there are exceptional circumstances.

The Criminal Records Act does not apply to records held by provincial or municipal agencies. Courts, the Sûreté du Québec and municipal police services are therefore not required to classify the records of pardoned person separately from other criminal records. But many of these agencies do it anyway when they are told that an individual has been pardoned.

No. A pardon does not erase the fact that a person has been convicted. The pardoned person cannot deny that she has been found guilty of a criminal offence and that she has a criminal record. However, she can say that she has obtained a pardon in order to show that she has demonstrated good conduct and respects the law.

The National Parole Board can revoke a pardon if:

• the person has been convicted of a new offence;
  
• there exists convincing proof that the pardoned person is no longer behaving well;
  
• there exists convincing proof that the pardoned person deliberately made a false, deceptive, or incomplete statement at the time of his pardon application.

No. Many other countries, including the United States, do not recognize a pardon obtained in Canada. In certain cases, a pardoned person who wishes to enter the United States must first obtain the permission of American authorities by getting a document commonly called a “waiver” (American Immigration and Naturalization Service Waiver).

No. There are organizations and businesses that offer to put together your application for a pardon on your behalf, in exchange for several hundred dollars, but there is no requirement that you use their services.

However, if you decide to apply for a pardon on your own, you must be absolutely certain that you are eligible and that you send all of the documents, fees and certificates required, as set out in the Guide. The Board will reject any incomplete applications.