Archives for the Criminal Records category.

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.

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.

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.

People sometimes get confused when they have been to court about what they have been charged with. Court can be a traumatic experience particularly for those people who made a simple mistake and were only arrested once in their life. The first time in court is the worst so it is easy for the mind to block out the memory of it. At best most people remember the experience as a little vague. And as time passes a vague memory rarely becomes more detailed.

One of the things people rarely remember after going to court is if the charge was summary or indictable.

The term “summary offence” corresponds with “misdemeanor” in the American lexicon .  On the other hand an “indictable offence” in Canada would correspond with a Felony conviction.

This is just a way for the courts to categorize offences as being less serious (summary) or more serious (indictable) in nature.

For example, a DUI charge which is considered a serious crime in Canada is still rarely categorized as an indictable offence unless someone was hurt in the process. On the other hand something like manslaughter is always indictable.

Some charges can go either way and is left to the discretion of the prosecuting attorney which further complicates the matter. If you are unsure of how your charge was cetegorized there is really no way to be certain unless you have access to your criminal record or court documents.

And finally as far as this all relates to Canada pardons and the pardon process just keep reading.

Once you have completed your sentence the following waiting periods must be met before you are eligible for a pardon:

Summary offence: 3 years

Indictable offence: 5 years

But remember to start the paperwork well in advance as it will save you some time.

It never ceases to amaze me how Canadians crossing the border continue believing that honesty is the best policy when questioned by border guards about drugs or a criminal past. Particularly in the former case honesty is the kiss of death. I can guarantee you that if you have ever had anything…whatsoever…at all, at all, at all… to do with any kind of recreational drug, admitting it to a US border guard will land you in serious trouble. At best you are providing yourself with a perpetual headache for the rest of your life as far as the border is concerned.

Of course this is all a testament to the fact that we Canadians are a nice lot indeed. We like to be honest. We like to be good. We like to hold the door open for little old ladies who say thank you and smile.

But please if you are traveling to the States and you have a criminal record take care of it before you go. And if you have ever…god forbid…smoked a joint on a fun summer night when the rules didn’t seem to matter so much just don’t tell the guy at the border if he asks you about it.

Take it from me and take Nancy Reagan’s advice. If they ask you, just say no!

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 use non-criminal fingerprints to compare against the criminal fingerprints on file with the RCMP when retrieving a criminal record from Ottawa. If we did not retrieve a criminal record with fingerprints we would run into trouble.

Imagine if the National Pardon Centre were processing a pardon for say, John Smith. In the case of John Smith if we were using only his name to retrieve his information in CPIC there is a pretty good chance we would come up with a criminal record, whether or not it happened to be the correct John Smith or the correct criminal record.

On the other hand 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. Without non-criminal fingerprints you simply cannot process a pardon or waiver application.

It is the first step in each application and company you are dealing with should be certified to take fingerprints.

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.