Getting a pardon in Canada may seem to be impossible but it is possible. You must first have the Canadian Immigration status approved prior to applying for pardon. There are many reasons that a criminal record may have been imposed on someone in the country. In some circumstances an offender may have been convicted of a crime in another country but their conviction in Canada has been ignored.
The Canadian Immigration authorities will not grant pardon unless there are extenuating circumstances. They take into consideration several factors in order to grant or refuse pardon applications. The most common reasons why a person’s application process will be denied or turned down by the authorities is if they are suffering from a criminal record, have completed their sentences, or if they are applying under the provisions of the Canadian Criminal Records Act.
Eligibility to Apply Pardon Application in Canada
In order to be eligible for a pardon in Canada one will need to meet several requirements. For starters, they must not have an outstanding criminal record and they must have served the time within the statute of limitations. In addition to having served their sentence, they will also need to be registered as a sex offender. There are many reasons that someone might be required to serve their time in jail such as providing evidence at a trial, but serving time for a conviction of a serious offence is considered to be inadvisable.
In Canada, following an indictment, a person who is accused of an indictable offence faces a mandatory three-year sentence. If after serving the three years of the sentence, the prosecutor wishes to proceed with the prosecution of the accused person, he will seek the advice of the attorney who is handling his case. If the attorney does not present the prosecution with a valid reason to proceed, the prosecutor will decline the request for a pardon.
How long to wait before applying for a pardon?
The waiting period before a pardon can be applied for is one of the most commonly overlooked aspects of criminal record suspensions in Canada. While waiting to apply for a pardon for any of the offences listed above, the accused can be charged with additional criminal offences. This can include additional charges for each of the original seven offences.
Many people who are accused of breaking Canada laws do not realize that their criminal record will remain on their records for up to ten years. After the waiting period has lapsed, if they commit another offence during the same jurisdiction, their record suspension in Canada will come into force. In some cases this can have a significant impact on their ability to find employment. In addition, their personal and financial information may become accessible to those who were not aware that they had a criminal record in Canada.
When is it necessary to apply for pardon?
Many types of criminal records that are found in Canada are not automatically deleted from a person’s record until they apply for a pardon. A pardon is an official request from the Canadian government to remove a pardonable offence from a person’s record. Convicted individuals can apply to have their conviction cleared or the charges against them dismissed, but only after they have been approved for pardon by the local justice minister. Convictions for minor offences can lead to less severe consequences, but for more serious offences it can mean a suspension of any future opportunity to apply for a pardon.
The conviction of an individual should never be overlooked as an entry in the Criminal History of Canada file. When applying for a pardon, it is important to make sure that the conviction has been fully discharged. The information contained in this Criminal History of Canada record may help in the application process for pardon.
