Choosing the right pardon agency can save you $1000's

How will a pardon in Canada benefit me?

 

Your criminal record will be kept separate and apart from other records in the CPIC database, effectively removing your record and helping you gain employment, education, volunteering and other opportunities.

 

Will a Canadian pardon allow me entry into the United States?

 

While your record will be set aside, it doesn’t erase the fact you were convicted, and US Customs and Border Protection does not recognize a Canadian pardon. Depending on the nature of your criminal record, you may need to apply for a waiver.

 

 

How much does a pardon cost?

 

The PBC application fee is $50. You are also responsible for fingerprinting, court and local police fees (approximately $150).

 

Our fee will depend on:

 

• the number of court locations you have been convicted in

• amount of cities you have resided in during the past 5 years

 

When am I eligible to apply for a pardon?

 

Determining eligibility depends on:

 

• when the most recent offence was committed

• date when the sentence was fully completed

• nature of the offence(s)

 

Driving and weapon prohibitions are not considered part of your sentence when determining eligibility.

 

How long will the process take?

 

Once received by the Parole Board of Canada (PBC), summary offences will be processed within 6 months while indictable offences take 12 months.

 

Which Government agency is responsible for pardon?

 

The Parole Board of Canada is the only official agency that is involved in the processing of pardon and record suspension applications for convictions in Canada.

 

Can a pardon be revoked?

 

Yes, if you’re:

 

• convicted of a new offence

• no longer maintaining a crime free lifestyle

• found to have withheld information when you applied

 

If a pardon is revoked the offence(s) will be added back into the CPIC database.

 

What is the difference between a pardon and a record suspension?

 

In 2012, the government made amendments to the CRA. Changes included a symbolic renaming from pardons to record suspensions, as well as increasing the time before an applicant is eligible to apply. Certain sexual offences and individuals convicted of more than three indictable offences and who received a prison sentence of two or more years were also deemed ineligible.

 

What documents are required for a pardon application?

 

Documentation can include:

 

• RCMP criminal record

• Court information

• Local police records check

• Military conduct sheet

• Measurable benefit form

• Record suspension application form

 

What is an e-Safe US waiver?

 

e-SAFE waivers refer to the online filing of either an I-192 or I-212 application with US Customs and Border Protection on the e-Safe website.

 

What is a US entry waiver?

 

A document granted by USCBP that allows entry to a non-immigrant under section 212(d)(3)(A)(ii) of the US Immigration and Nationality Act (INA) is referred to as a US entry waiver. Anyone convicted of a drug offence, a crime involving moral turpitude or has multiple convictions for which the combined sentences to confinement exceeded five years, can apply for an entry waiver.

 

What is a crime involving moral turpitude (CIMT)?

 

Moral turpitude is a complex legal concept that has no precise definition. The INA declares who is inadmissible to enter the United States, but does not specify the lengthy list of offences that involve moral turpitude. Common crimes that can make you inadmissible for entry to the USA include:

 

• Controlled substance violations

• False Pretences

• Fraud

• Possession of Property Obtained by Crime

• Theft 

 

What criteria does the ARO consider when reviewing an application?

 

Your application is evaluated on:

 

• your risk level

• severity of your crimes

• reason for entry

 

What documentation is required for a waiver application?

 

Applying on your own can be difficult due to the lengthy list of documentation that might be required. Each e-Safe waiver application is different and documents can vary depending on the applicant.

 

Documentation can include:

 

• Personally written statement

• RCMP fingerprint search results

• Canadian pardon

• Court information

• Form I-192

• Reference letters

• Previously issued waiver(s)

• Proof of citizenship

 

We prepare the necessary documents and file your application. 

 

Choosing the right waiver agency will eliminate delays and save $1000’s.

 

How soon after my conviction can I apply?

 

Unlike a pardon application, there is no waiting period before you are eligible to apply, but enough time must pass to allow for reformation and rehabilitation. The severity of your past offence(s) will be a determining factor.

 

If I received my Canadian pardon do I need to apply for a waiver?

 

Yes. US Customs and Border Protection (CBP) does not recognize a pardon. If you try to enter the US after you have been told you are inadmissible, you risk being banned or deported.

 

What happens after my application is filed?

 

After we file your application, you will be required to visit a designated port of entry to get fingerprinted and photographed.

 

Is an approved US waiver permanent?

 

Permanent waivers can refer to the validity period for which US entry waivers are approved for by the Admissibility Review Office. If the ARO determines that the nature of your criminal past does not require a US entry waiver, you will be notified of such with what is referred to as a September letter.

 

How much does a waiver cost?

 

Our clients can expect to pay an average fee of $750 for us to prepare, file and monitor the status of their application. Additional disbursements include:

 

• USCBP filing fee: US$585

• RCMP fingerprinting: approximately $75

 

 

 

Canadians, let us remove your criminal record!

 

Criminal records are not removed automatically; you must apply under the Criminal Records Act of Canada for a pardon. A pardon allows people who were convicted, but have rehabilitated themselves since their conviction(s), to have their record kept ‘separate and apart’ from other criminal records.

 

Want to remove the stigma associated with a criminal record? We have the experience to complete your application quickly.

 

What if my charges resulted in a non-conviction?

 

If you’ve ever been arrested and charged with a crime the police have your information on file - even if the charges were stayed, withdrawn, dismissed or discharged. The same is true if you entered into a peace bond or diversion program.

 

You now have a non-conviction criminal record that you’ll need to destroy.

 

The file destruction process

 

We contact the arresting police service and submit a file destruction request on your behalf. After the arresting police approve the request, they contact the RCMP Identification Services and request the destruction of the non-conviction information.

 

Exactly what files and information get destroyed?

 

All identification documents, including those, submitted to the RCMP National Repository of Criminal Records are destroyed.

 

Your criminal record history that was entered into the CPIC database held at the RCMP Repository is deleted and, most importantly, your FPS number is canceled.

 

What's an FPS number any why is it so important?

 

FPS stands for Fingerprint Section number and is a unique number assigned to an individual that has been fingerprinted. FPS numbers are shared with the United States and are accessible by US Customs and Border Protection. As part of our file destruction request we ensure the arresting police service cancels your FPS number.

 

Is there a waiting period before I can apply to have my files destroyed?

 

Yes, general time frames include:

 

• stay of proceedings: 1 year
• peace bond: after the expiration
• withdrawn, dismissed, acquitted: 1-6 months

 

Each police service sets its own guidelines about when you can apply. We will provide specific details surrounding your file destruction timeline and eligibility.

 

Does the RCMP automatically remove absolute and conditional discharges?

 

Yes, absolute and conditional charges are automatically removed one and three years, respectively, after being sentenced. However, the local police have your fingerprints and photos on file, which you can request be destroyed.

 

Will I have to get fingerprinted for a file destruction?

 

No, RCMP fingerprints are not required. If you’re told fingerprints are required as part of the process contact us, and we’ll submit your request immediately.

 

How much does a file destruction request cost?

 

The average cost of having your criminal file destroyed is $240, depending upon:

 

• the disposition of the charge(s)
• having non-conviction records with multiple police services
• whether the files still exist
• the police charging a service fee