La loi vos droits

Offenders and Accused Persons

Pardons

When a person has been found guilty of a criminal offence, information about this is saved in a criminal record. Unless this person receives a pardon, this criminal record is stored with the criminal records of other offenders.

In this Infosheet, Éducaloi takes a look at when a pardon will be granted, and what it means to get a pardon.

What is a pardon?

A pardon permits a person who has been convicted of a criminal offence to have her court record kept separate from the criminal records of other offenders and stored in a confidential way.

A pardon will only be given if the person has completed her sentence, 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 a law called the Criminal Records Act.

Who can ask for a pardon?

Anyone who has been found guilty of a criminal offence and has completely served her sentence can ask for a pardon. If a person has been found guilty of several offences, she must serve all sentences ordered by the court before asking for a pardon.

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

• paid any fines, surcharges and fees
  
• fully respected an order to compensate someone
  
• served her prison sentence, including any period of conditional release or statutory release
  
• served her suspended sentence
  
• properly completed a probation period

For more information on these different sentences, consult our Infosheet Sentences in Canada  (http://www.educaloi.qc.ca/en/loi/offenders_and_accused_persons/249/).

When can someone ask for a pardon?

A person must wait 3, 5 or 10 years after fully serving her sentence.

The waiting period depends on the seriousness of the offence for which a person has been found guilty. It is calculated as of the date the sentence has been 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 imprisonment or probation, the waiting period starts the day that the sentence - including community service - is completely served.

To find out the waiting period in your case, read the Pardon Application Guide  (http://www.npb-cnlc.gc.ca/prdons/pardon-eng.shtml) on the website of the Parole Board of Canada or call the Pardon Info Line at 1-800-874-2652.

How do you apply for a pardon?

The Pardon Application Guide and the application form are available at the offices of the National Parole Board, the RCMP, the Sûreté du Québec (provincial police), a municipal police force or a court. The guide and form are also available on the website of the National Parole Board/LIEN].

This guide explains what documents are needed and how to get them. These documents include a copy of the criminal record, proof of a records check by local police, and proof of payment of any fines, fees and surcharges.

The application form must be sent to the Pardon Section of the Correctional Service of Canada along with:

• the application form
  
• the required documents
  
• the $150 processing fee paid by certified cheque, money order or a bank draft payable to the Receiver General of Canada

How much time does it take and how much does it cost?

To get an answer, it takes about 4 to 10 months from the time request is made to the National Parole Board. The wait varies according to the type of offence and documents required.

During this time, there is an inquiry into the conduct of the person making the application since her conviction. The inquiry is generally done by the RCMP, but it might also be done by the local police or a parole officer.

As we mentioned above, the cost of a pardon application is $150.00. However, the person applying must also pay the cost of getting a complete set of her fingerprints. This cost can vary. Lastly, the applicant must also pay $25.00 to the RCMP for a copy of her criminal record.

What factors are considered when granting or refusing a pardon?

To grant a pardon, the National Parole Board must be convinced, after doing an inquiry, that the person has:

• shown good conduct
  
• not been found guilty of any other offence during the waiting period. To find out more about this waiting period, see the question “When can someone ask for a pardon?”
  
• shown that the pardon will help her reintegration into society as a law-abiding citizen

The Board can also consider other factors when looking at a person’s file. For example, it can consider:

• the type of offence
  
• the length of the offence
  
• the circumstances surrounding the offence
  
• any criminal record of the person
  
• whether the offence threatened the safety or security of Canada
  
• whether the offence caused serious physical or psychological injury to another person
  
• whether the offence was motivated by prejudice or hate based on race, national or ethnic origins, language, colour, religion, sex, age, mental or physical disability, sexual orientation or another similar factor
  
• whether the offence involved cruelty or harm to a child or vulnerable person

If the Board intends to refuse the pardon, it must inform the person and give her an opportunity to present comments. The Board must then look at these comments before making a decision.

What is the result of a pardon?

The Criminal Records Act says 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 computer system of the Canadian Police Information Centre.

Also, no information about the convictions of the pardoned person can be given out without the permission of the Minister of Public Safety. 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 forces therefore do not have to keep the records of people who have received a pardon separate from other criminal records.

Does a pardon erase convictions?

No. A pardon does not erase the fact that a person has been found guilty of an offence. The pardoned person therefore cannot deny that she was found guilty of a criminal offence, nor that she has a criminal record.

However, she can say that she has received a pardon and that this reflects good conduct and a respect for the law.

Can a pardon be reversed?

Yes. The National Parole Board can reverse a pardon if:

• the person has been convicted of a new offence
  
• there is convincing evidence that the pardoned person is no longer behaving well
  
• there is convincing evidence that the pardoned person deliberately made a false, misleading or incomplete statement at the time of her pardon application

Is a pardon given in Canada recognized in other countries?

No. Many other countries, including the United States, do not recognize a pardon given in Canada. In some situations, a pardoned person who wants to enter the United States must first get permission from American officials by getting a document commonly called a “waiver” (American Immigration and Naturalization Service Waiver).

Do I need to go through an organization or business to get a pardon?

No. There are organizations and businesses that put together applications for pardons for a fee of several hundred dollars, but you are not required to use their services.

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