Michael Ashby

Discussing the Concerns of the Canadian Pardon and US Entry Waiver Industry in Canada

President of National Pardon

Archive for July, 2008

The business of Pardons and Waivers

July 23rd, 2008 Filed in Canadian Pardons, National Pardon Centre, Pardon and Waiver service by Michael Ashby

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Running the National Pardon Centre can be tricky business. On the one hand you have people who love the service, understand the service and are grateful for the service the business offers. On the other hand you have people who don’t really understand the service, understand less about pardons in general and fail to understand that it is a service being offered by a private company, just like hiring someone to do your tax return. The latter are the ones that will often come back to haunt you. Sometimes they say you ripped them off. Sometimes they thought it was a government service. Sometimes they are arrested again and upset about that. But more often than not, they are just fed up with how long the application can take and they have to release that frustration somewhere. It comes with the territory.When I first opened my office in 2002 we actually had an official from the Quebec prison system circulate a memo calling the National Pardon Centre a “National Problem”, which was almost flattering for a tiny office of three people at the time. Not only is this inappropriate of a government official but it is obviously illegal. The National Pardon Centre is a federally registered corporation and protected from slander by the same basic laws that govern basic day to day human behaviour,  but that is for another post. We sent our lawyers after that guy, not so much to actually get him in trouble but just to make sure it never happened again; which it didn’t.

But why did that happen and why is there such a misperception out there about pardons and pardon services?

First of all I believe it is due to a lack of information. The whole pardon ”thing” is pretty new. Not all people understand how it works and many don’t even know that it is possible to get a pardon. Whenever a situation arises that isn’t well understood it is bound to create some friction between interested parties.

Second, is due to the fact that there are some companies out there that actually are worthy of being labeled a “national problem”. Many claim to be something they are not. When I asked one of my competitors (a little corporate espionage never hurt) if the company in question was a government service the reply was “no, but we are audited by the government”.

“Audited by the government?” I puzzled. Yes, I imagine you would be.

It was a nonsense answer; smoke and mirrors. It is a response designed to confuse those with a less than average understanding of the English language (in a multi-cultural society those speaking English as a second language are not hard to find) because if you know what audit means, if you know what an audit is and how it works and when and why it is performed you know that the answer is nonsense. But if you don’t know all those things, or even if you just aren’t sure, it might suggest an affiliation with the government. Nonsense!

At the National Pardon Centre we try to be upfront. We try to be honest with people. We tell people what they need and how much it will cost…upfront.  We do not cold call. We do not hard sell and we do not ask you to pay for something you don’t need. And I even tell people who call that they all this can be done on their own if they wish. I still get people misunderstanding and I still get people angry at me from time to time, but as the business has grown unhappy clients have become the exception, not the norm. And that means a lot. 

The problem is that not everyone does business this way. Like the company that’s always being audited there is a lot of misleading and a lot of misunderstanding with a lot of half truths thrown in for good measure. And the most common problem of all is that there a lot of companies with a lot of hidden costs. And when it comes to hidden costs let’s be frank. Hidden costs piss people off!

Of course none of this is unique to my industry. Everywhere you look there is someone willing to do whatever it takes to make an extra buck. So I am afraid the responsibility is ultimately, on you the consumer. Inform yourself and be aware of what you are buying, whether it is a pardon service or anything else.

As my father, a somewhat traditional capitalist, used to say to me…Buyer Beware!

What is a purge and file destruction?

July 16th, 2008 Filed in Canadian Pardons, Criminal Records, National Pardon Centre by Michael Ashby

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When you are arrested in Canada you always end up with a criminal record but in truth not all criminal records are created equal. A little confusion arises for people who are granted a “conditional” or “absolute discharge” from the court.

A discharge is about half way to being found guilty although that is far from a perfect explanation. If you received a discharge it means that the court found you “guilty” but did not convict you, which sounds like nothing more than legal mumbo jumbo except that the verdict does affect how your criminal record is retained and dealt with.

The nice thing about a discharge is that it will be removed from CPIC automatically (CPIC stands for Canadian Police Information Centre and is essentially the RCMP federal database of criminal records) provided you received that verdict after 1992. If you received a discharge prior to 1992 you need to make an application to have the record removed. And the way you make the application is through a purge and file destruction. This is similar to a Canadian pardon but the paperwork is a little different.

What you want to be careful about is that even if you received a discharge after 1992 you should still process a purge and file destruction. You need to do this for many reasons. One is that you cannot always count on the police to remove your record, so it is worth making sure it gets done. The other is that the record is only removed from CPIC. Any local police and court documents, etc. will remain on file unless you apply to have them destroyed.

The bottom line is that if you have been arrested take the responsibility upon yourself and make sure you have all the records destroyed, purge or pardoned. Just make sure it gets done. Of course, if you are planning to remain criminally active don’t bother. But if you plan on putting mistakes like that behind you it is definitely something worth doing.

What do I have on my criminal record?

July 10th, 2008 Filed in National Pardon Centre by Michael Ashby

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When it comes to fielding questions about the pardon and waiver process I get a lot of the same, over and over. One of the common questions I count on being asked on a daily basis is “what do I have on my criminal record”?

The answer is simple and always the same. Your criminal record contains everything you have ever been arrested for. And until you make the application to have it removed, via a pardon application or a purge and file destruction, it remains there indefinitely. There is NO statute of limitations. And unless you received a “conditional or absolute discharge” prior to 1992 the record remains forever (If you are wondering what a “discharge” is please see my post next week).

But your criminal record doesn’t have to remain there forever. If you were arrested in Canada you can have your criminal record cleared, provided you’ve stayed out of trouble with the law.

But until you decide that you want to get this done for you, don’t count on anything happening.  Canada’s pardon program is unique but you still have to take the responsibility upon yourself and make sure it gets done.  And the sooner you get started the sooner your criminal record will go away for real.

Introduction to Non-Criminal Fingerprinting

July 5th, 2008 Filed in Canadian Pardons, Criminal Records, Pardon and Waiver service by Michael Ashby

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Since this blog is all about Canadian pardons and US entry waivers sooner or later I was going to have to address fingerprinting. When I tell people I need their fingerprints often I am told to go and retrieve the ones that are on file with the police. This seems somewhat reasonable as I deal with people who have been arrested and, therefore, had their fingerprints taken. But for a pardon or waiver application, or for a simple background check, what are needed are non-criminal fingerprints.

We need the non-criminal prints because we can then use them to compare against the criminal prints on file with the RCMP when retrieving a criminal record from Ottawa. Otherwise if we were processing a pardon for say, John Smith, there is a pretty good chance we would come up with a criminal record, whether or not it happens to be the correct John Smith or the correct criminal record.

When we retrieve a criminal record using fingerprints we eliminate the name confusion, because even though there are many John Smiths in Canada, each John Smith definitely has his own fingerprint pattern. So for that reason (and because the government agencies want it to be done this way) we must obtain a fresh, new set of non-criminal fingerprints. Otherwise a pardon or waiver cannot be granted.