The National Pardon Centre™

The systems in place for processing pardons in Canada can get extremely complicated when you started dealing with different court outcomes. For example, if you have ever gone to court but were found not-guilty then logic would suggest you do not have a criminal record and do not require a pardon. Unfortunately, this is not the case.

When you are found not guilty it is true that you do not require a pardon. But there is definitely a record of criminal activity that you will want to take care of because you cannot count on the system to do it for you. The fact is that when you were arrested the police took your fingerprints. And when you went to court the clerks, prosecutors, judge, etc. all generated documents with your name on them. And finally your name will also appear on the restricted distribution section of CPIC. All of these cases are examples of a criminal record but none will be taken care of by a pardon application because you can only apply for a pardon if you were guilty.

The logic of this system appears to be out of whack because if you were found guilty you can have your criminal record removed. But if you were dragged through the court system for no good reason you cannot.

Fortunately it only appears that the system works this way. Because if you were found not guilty in court you can apply for what is called a purge and file destruction and, if done correctly, it will essentially destroy all traces of the arrest(s) in question. It is simply a different set of paperwork for dealing with a criminal record. Instead of dealing with the National Parole Board we deal directly with the various courts and police stations involved in the arrest, all of which have their own specific rules and policies governing the retention / destruction of these documents.

If you were found not guilty in court please do not assume that you do not have a criminal record because you do. It may not be your standard, everyday, run-of-the-mill criminal record but it is a criminal record nonetheless and it can mess up your life in all the same ways that a guilty verdict criminal record can.

It might not be fair that you have to apply to get rid of a not guilty verdict but in comparison to some of the legal systems around the world Canada’s is surprisingly humane and just.

Not guilty is not guilty but let’s face it; people will still raise an eyebrow if they see you were arrested at all. So take advantage of the fact that in Canada you can have the records destroyed and get yourself a purge and file destruction. It is definitely worth the effort.

There are many reasons why an individual should have their Criminal Record removed. Below is a list of some of the most common problems associated with a criminal record.

Peace of Mind: Individuals can be consciously or unconsciously distressed by their past criminal records. Removing your criminal record will help make you feel better about yourself and your future prospects.

Getting / Keeping a Job: Employers conduct criminal record searches on job applicants prior to hiring them. A record may hinder your chance of getting hired. You can be subject to future criminal record searches by your employer. You may lose your job or denied a promotion if a future search reveals your criminal record. In some provinces Human Rights Codes prohibit discrimination based on a criminal record if the person has been pardoned.

Self Employment: Many companies who sub-contract individuals or small businesses are now requiring criminal record searches to be conducted on them.

Bondability: Being bonded means that the employer has paid insurance which will pay claims made against employees. It costs more to bond those with a criminal record. If having you bonded is too expensive for the employer, you may not be hired.

Custody of Your Children: Some parents have had their child custody and visitation rights negatively impacted because of a criminal record.

Apartment Rental: Standard rental application forms ask if you have a criminal record. It may be difficult finding a place to live when you have a criminal record.

Educational Opportunities: Many educational programs require criminal checks before the program requirements can be met.

Stigma of a Criminal Past: People often suffer accusations and have their credibility questioned because of their criminal record.

Travel to the U.S.A.: Individuals with criminal records have been denied entry to the USA. A U.S. Entry Waiver can provide you with peace of mind by ensuring a hassle free border crossing.

Canadian Immigration: Canadian Immigration often rejects applications for refugee status, landed status and citizenship for those who have criminal records.

Volunteer Work: Some organizations require a criminal record search as a precondition for performing volunteer work.

The answer to this question should be self-evident but I receive so many calls at the National Pardon Centre that I am confronted, on a somewhat regular basis, by people who do not see the value of a Canadian pardon. I find it unsettling because these people will invariably see the value of a pardon once it begins to affect their life. In many cases the effects are permanent. Perhaps the person lost a job, was permanently banned from the United States or could not adopt a child.

It can even be as simple as a ban from volunteering with a child’s little league team. The point is that it doesn’t matter what your motivations are, it just matters that you clear your name. A pardon is important because there is no shortage of ways a criminal record can affect your life.

The bottom line is that we have all made mistakes in our lives. And for some people (current studies suggest up to 35% of the population) those mistakes come with the penalty of a criminal record filed by the RCMP, the courts and any local police involved when the charges were laid. The result is a detailed trail of criminal activity and a label beside your name that says “criminal”. In most cases it doesn’t matter what the crime was, it only matters that a crime was committed.

Now let me make this perfectly clear. THERE IS NO OTHER COUNTRY WITH A PARDON PROGRAM LIKE CANADA’S. If you live in Canada you live in a country where you are allowed to be pardoned. The system is not biased, it does not favour anyone. It has no interest based on personal or political connections, race, religion, education or any other defining characteristic. It is a surprisingly fair and humane program that we should be proud to have.

Here in Canada we believe that people can change for the better and that rehabilitation works. It is a principle the pardon program was created for and one we all feel strongly about here at the National Pardon Centre. If you need help moving forward you’ve found the right place. We are here to help you get clear the record of past mistakes!