Archives for the criminal record category.

There are many names for the most commonly pardoned criminal conviction in Canada. The chances are good that you will be familiar with at least one or two of them. But whatever you want to call it the charge is the same and it involves operation of a motor vehicle while intoxiced by alcohol or drugs or whatever. It could even just be cough medicine because the bottom line is that if you are driving under the influence of anything you are breaking the law.

Unfortunately society took a long time to learn its lesson on this one and the truth is that we are still learning it based on the number of annual criminal convictions in Canada. But thanks to the efforts of police, government and even NGO groups like MADD, drunk driving is now about as socially acceptable as kicking puppies into traffic. It’s just not ok.

So why do so many people still drink and drive or drive under the influence? I think what has happened is that the legal limit for alcohol intoxication is so low that it is nearly impossible to have anything to drink at all without being above the legally acceptable blood acohol level. And this is probably a good thing. But I would guess that many people out there still feel that a couple of drinks will not render them unable to drive a car safely. And there is the problem. You may not feel drunk. You may not feel intoxicted. And you may even feel that you are completely ok to drive safely. But in the eyes of the law if your blood alcohol limit is elevated you are breaking the law and there is no discussion period, except of course in front of a judge at a later date.

 In Canada the law is as follows for blood alcohol limits: 0.05% is a 24-hour suspension and a fine, 0.08% is a D.U.I. charge.

But I think the best guideline for drinking and driving is this: If you drink anything at all don’t drive! It is the only way to be sure you are not putting yourself and others at risk

If you have been convicted of a DUI charge you will want to consider getting a pardon ASAP. Contact the National Pardon Centre. We can help!

A lot of my clients ask if they are required to tell people about their pardon if asked. This usually applies to things like job applications and the US border. I have discussed the US border in length on this blog so for the purpose of this article I will just discuss how this situation affects things here in Canada, particularly in relation to job applications. The truth is that there is no correct answer but hopefully some of the following information will be of help.

That answer does beg the following question though: If I choose NOT to tell about my pardon, then what happens? The best answer I can give is that nothing happens at all (there are some exceptions with certain job application that require extensive security clearance but you would be giving your permission in advance for a more extensive search to be done anyway. For the average old job app’ there is not much to worry about).

In the case of a job application if you lie to your employer and he/she finds out, then that would be grounds for dismissal. But I am fairly certain that if you admit you have a criminal record, then you are not getting the job anyway. It is your call. You be the judge.

You should be aware that there is really no straight answer to this question and there is certainly nothing written down in the law books. If you lie about having been convicted of a crime there is no legal penalty that I have ever heard of. So if the Parole Board says you cannot deny that you have been convicted, you might want to ask yourself “why not”?

The Canadian Human Rights Commission states the following in relation to pardoned criminal convictions:

I think it is nice that the Human Rights Commission makes the above statement but the problem is that we all know that human nature is not so forgiving. In a job interview if it comes down to you and another person and you are the one with the criminal record, we all know who is getting the job. I may disagree with the National Parole Board on this one but if I had a pardon for an old criminal conviction I would certainly just say NO when asked if I have ever been arrested. Since no one can find out anyway, why would I disclose my pardon?

Please keep in mind that this is not legal advice. This post is just my understanding of the system and some of my own judgment. In the end you need to evaluate each situation you are in and decide for yourself whether or not you must disclose your pardon.

When it comes to pardoned Canadian criminal records, I am afraid there are few straight-forward answers.

The pardon services industry slows down considerably in the summer which is good for vacation time but bad for business. It is understandable that fewer people have a pardon or waiver on their mind. When the sun is out and the weather is warm most of us are focusing on vacation and barbecues. We don’t want to be bothered with the hassle of getting an old criminal record removed. But summer is actually the best time to get started.

In summer time you can feel assured that the team at NPC is not overwhelmed with paperwork. You can come visit one of our offices and be assured that you will not have to wait to see a counsellor. When we send your fingerprints to the RCMP there is a good chance they will be returned faster than usual and even the court system is liable to send us court documents a little quicker than they would during the busy season.

And to top it all off there is an excellent chance that when summer is over your pardon will be done and you will be able to get back to work, school, whatever feeling confident because your criminal record and the mistakes you made in the past will have been left behind.

It’s easy to procrastinate in the summertime. But it only takes a little bit of effort to get your pardon underway. And come September you will be happy that you did.

I would like to advise my clients and the general public that the National Pardon Centre is committed to maintaining a level of service and commitment to our clients and their needs which is not offered by other institutions. Our clients and the general public should be aware that the website referred to in the image below is in no way affiliated or associated with the National Pardon Centre. This website may be in violation of federal trademark laws and we are currently exploring all legal remedies to have it removed.

continued below….

Mr. Peter Dimakos is the owner of the URL attached to this website. Mr. Dimakos works with Canadian Pardon Services, a small company operating in Toronto. I can only speculate into Mr. Dimakos’ motives, but it is our resolve that all remedies will be pursued to ensure our trademark is respected and to ensure that our clients and the public are not confused between the National Pardon Center and any other entity.  

I apologize if anyone has exprienced any trouble with this site and would like to add that if you are looking for a trustworthy company to handle your case please contact us at the  National Pardon Centre. We provide free consulations and we give honest trustworthy counsel.

Sincerely,

Michael Ashby
Communications Director
http://www.nationalpardon.org/

Ex-cons are seeking a lot more pardons these days as criminals try to put their past behind them

Reposted from  www.ottawasun.com

By KATHLEEN HARRIS, NATIONAL BUREAU CHIEF

The number of ex-cons seeking pardons has doubled as more employers and volunteer groups screen applicants for criminal records.

Last year, more than 30,000 people applied for pardons, and that number is expected to jump to 36,000 or more this year. That’s up from 16,000 just a few years ago.

The steep climb is also because more private businesses are sprouting up advertising help with the pardon process — a service that can cost $500 or more.

Corita Harty, director of pardons and clemency for the National Parole Board, said most who apply are granted, if they have proven themselves law-abiding citizens. But she said strict rules are in place — including completion of sentence, payment of all court-ordered fines and a waiting period of three to five years.

“They aren’t just doled out,” she said.

Dangerous offenders and “lifers” with murder raps are ineligible, but all other offenders can apply for a pardon that essentially seals off their criminal record. Most people seeking pardons are for “relatively minor” offences such as petty theft, impaired driving and pot possession.

About 10% of Canada’s population has a criminal record, and about 5% are eligible for a pardon. About half apply.

Harty said a pardon doesn’t wipe out a criminal record, it just sets it aside. If the person is convicted of another offence, the pardon can be revoked.

“It’s a stringent process, but one that contributes to our overall mandate of public safety because it facilitates integration of people in society as law-abiding citizens,” she said. “And it works, because 97% of those who receive pardons, those stay in effect.”

In a recent performance report tabled in Parliament, the National Parole Board noted the workload spike from increasing requests had created a “serious situation” for the program. But Harty said the backlog problem has now been addressed and the process is speedier despite the rising tide of new requests.

Keri Wallis, manager of the Montreal office of the National Pardon Centre, said the higher demand for pardons is due to greater scrutiny for jobs, adoption or travel.

Many just want to remove the “stigma” of a criminal record on their file, which is open for the public to see in some provinces.

She said their for-fee service is “guaranteed” as offenders rarely get turned down if they fill the requirements.

“If the person serves their sentence and they have good conduct, they should not have any problem,” Wallis said.

“The only way you can get turned down is if you re-offend or if you have a little mishap with the law.”

Harty said applications facilitated by third parties that often charge “exorbitant fees” do not get processed in any preferential order.

KATHLEEN.HARRIS@SUNMEDIA.CA

To view the original article please click the link below:

http://www.ottawasun.com/News/National/2009/02/22/8481056-sun.html

I just spoke with a nice enough guy today who had been imprisoned for ten years for attempted murder (you would be surprised how many of the guys with serious records are the nicest people to speak to. On the other hand the shoplifters can be a nightmare).

Some of his fellow inmates had explained to him that if you wait 7 years after getting out of prison your criminal record with be expunged automatically. I want to make it clear that such is not the case. A criminal record NEVER goes away until you make the application to have it removed. In other words, until you apply for your pardon the record is staying put.

January is always a busy time at the National Pardon Centre. It some cases it is because people decide that removing a criminal record is their new years resolution but in a lot of cases it is because people have tried to travel over the holidays and found themselves stuck at the US border.

Nobody wants to have their christmas / holiday plans ruined for any reason and least of all for a criminal record. Getting stuck at the border because you procrastinated on a pardon application is a tough thing to tell the kids. Unfortunately it is a story that I listen to more than a few times in the course of a typical January at work.

So what I woudl like everyone to realize is that you need to make sure your criminal record has been dealt with as soon as possible. Don’t wait until you lose a job or get caught illegally entering the United States. Just go ahead and get your pardon granted before it comes out to haunt you. Otherwise you are just making a small headache into a migraine.

And finally the last thing I would like to say is HAPPY NEW YEAR to everyone! I’m calling it now, right here, today. 2009 has big things in store for us all!

One of the statistics we deal with in the pardon business on a frequent basis is the percentage of Canadians with a criminal record. The most common number is 10% but I have numbers all the way up to 30% thrown around. All the time we hear that 10% of the population in Canada has a criminal record. But the issue is complicated by a few factors. We cannot just say that given a population of, say, 33 Million people we can safely assume that 3.3 million  of us has a criminal record. We need to ask a few more question before we could hope to arrive at a reliable prediction.

Here are a few things to consider:

• Does 10% include people arrested but found not guilty?
• Does 10% include people who have obtained Canada pardons?
• Does 10% include people who were only questioned by police but never charged?

The problem is that there are criminal records and then there are criminal records? In the vague sense a criminal record is any type of documentation attesting to a confrontation with the law and subsequent police intervention. In the specific sense a criminal record is a documented guilty conviction with registration of the offenders name in CPIC (Canadian Police Information System). A criminal record is not just black and white.

The problem is that even if we answered all the questions above it would still be extremely difficult to assess the actual number of criminals, or people living with a criminal record, in Canada. But the 10% solution is a good compromise. And while it may seem like a relatively large percent of the population it really isn’t. One thing I like to tell people is that crime is not going anywhere. Put all the indivdual and societal blames aside for a moment and consider that policing is a job someone is paid to do. If that person isn’t making arrests there is no more job. This is not to imply the the police make arrests without due cause. It is just to point out that policing is a career. 

Let’s face it. For all the good people do in the world we still haven’t found a way to stop people from doing bad. And so long as they do we will always have the police there to catch as many of them as they can. And besides, at least with the cases I deal with, it is mostly just people making mistakes. In other words, all those criminals out there are just a bunch of people being human.

The pardon system in Canada is not well understood. For the most part, the people who need a pardon look into the available avenues and in the process learn a little bit about Canada’s pardon program and how it works. On the other hand those who don’t need a pardon usually don’t bother with it at all and as a result, understand very little about it.

But every once in awhile I encounter someone with very little understanding of the pardon program, no need of the pardon program, but who nonetheless has strong feelings about pardon and those who would pursue the removal of a criminal record.

Usually in this case I’m dealing with the farther leaning right wing crowd and more often than not this type of person has decided that the whole business of pardons is for the birds. Or to put it in other terms, they  don’t believe that a person can change. Once a bad nut always a bad nut, they claim, and the tag of criminal record should always apply. Pardons simply undermine police ability to do their work.

But closer inspection of the pardon program in Canada’s reveals that the vast, VAST, majority of those people who would pursue a pardon have been arrested long, long ago for relatively trivial matters. The criminal justice system rarely exists in a world of black and white. Those who are arrested are not necessarily bad guys. On the other hand those who stay away from the long arm of the law aren’t necessarily the good guys either.

The bottom line is that everyone makes mistakes. And if we penalized ALL of us for life just because we made a mistake we would all be carrying a very heavy burden.

So if you don’t believe in the pardon program in Canada please give it some more thought because chances are you know someone who is a good person but who also has a criminal record. That person, just like all of us, deserves a second chance at a good name.