Canadian Criminal Offence: Summary vs. Indictable

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: 5 years

Indictable offence: 10 years

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

About Michael Ashby

Michael Ashby is Co-Founder and Communications Director for the National Pardon Centre. Get in touch with Michael by sending an email to mashby@nationalpardon.org or calling extension 227.

147 Comments

  • Duane says:

    Your service saved my life and put me back on track to where I was before. Everyone makes mistakes and mine was no exception.

    I was charged with a summary offence and with the help of your office I was able to get myself cleared in about a year, could have NEVER done it alone.

    The support was amazing and the representative was a HUGE help in all the steps of the process, Thanks to National Pardon Center my life is normal, no more looking over my shoulder waiting for the police to come and no more worries about court dates.

    Even better NO more worries when the police pull me over and ask for information with my family in the car, now that hit home everyday I went out in the vehicle.

    Give NPC a good honest try, they will help you like they helped me and my life.

    Truly
    Duane

  • laura tabinski says:

    I am wondering if there is a statue of limitations on a indictable offense As my sell and my children are involved in a case that the person is going to be charged with an indictable offense, but at the present time is unfit to acknowledge the offense as he is incoherent

  • laura tabinski says:

    I am wondering if there is a statue of limitations on a indictable offense As my self and my children are involved in a case that the person is going to be charged with an indictable offense, but at the present time is unfit to acknowledge the offense as he is incoherent

  • Your situation sounds like the person being charged has not yet been through court. We only deal with criminal records after the verdict at the National Pardon Centre. I am, therefore, probably not the best person to ask in a situation like this. But as a general rule there is never a statute of limitations when it comes to a criminal record. You may want to consult a lawyer.

  • laura tabinski says:

    You are correct in assuming that this has not gone to court as of yet. What I was looking for was an answer to a question on the statue of limitations for an indictable offense. But not in the degree of applying for a pardon, but in the time frame that the RCMP have to charge an individual with the offense. Thank you for your time.

  • It is my pleasure. I wish I could help more but it’s just not our area of expertise here. Best luck.

  • Shannon Walsh says:

    I have a question in regards to a DWAI conviction in Colorado, in which I was deemed inadmissable to Canada. A DWAI conviction in Colorado comes from having a blood alcohol level of between .05 and .08. A DUI is after .08. Am I to understand correctly then that anything below .08 would not conclude a “DUI” offence in Canada? Thanks, Shannon

  • Billy says:

    I’m not part of national pardon, nor am I lawyer, but I think whether you are convicted of DWAI or DUI, it is still considered the same offense and inadmissible to Canada. The canadian government have some rules or regulation that can deem you admissible to canada, but you have to follow those rule. I think it is called “Minister’s Approval of Rehabilitation” rule, and hopefully, like many others that received their pardons, you are truly rehabilitated.

  • Michael says:

    Thank you for your comment Billy. You could possibly be right. If the individual is deemed inadmissable he/she will require a Temporary Resident’s Permit, which was previously know as a Minister’s Permit.

  • johnny says:

    question. how many pardons can someone get?

  • Michael says:

    Techinically there is no restriction to getting multiple pardons. But I am not sure if you mean one pardon for multiple offences (no restriction at all) or multiple pardons due to previous pardons having been revoked.

  • Don says:

    I was charged in the U.S. for a battery/bodily harm. First and only criminal offence in my life. The case is closed as of 06/2010. Incident occured 02/2009.

    I paid a $600.00 fine plus court costs, and competed 26 weeks of court ordered anger management classes.

    I have an oportunity to drive for a bonded common carrier who delivers food products into Canada on an on going basis. The perspective employer is not sure if I will be permitted to cross the US Canadian Boarder and asked me to find out if I could.

    The employer said if I would be able to cross, I would get the job.

    I have a current Class A CDL with a Hazmat endorcement which was renewed after the case closed. As you know in order to get a HAZMAT endorcement you must pass a Federal Background check.

    Can you tell me if the incident warrents disbarment from entering Canada for the purpose stated above?

    Kind Regards,

    Don

  • Michael Ashby says:

    Hi Don,
    It sounds to me like you need a Temporary Resident’s Permit. This is the Canadian equivelant of a US Entry Waiver. But I am afraid we do not handle those applications and do not have anyone we can recommend. If you are able to get a pardon for your charge in the US then that will also be sufficient to allow entry to Canada.
    Best luck to you. I hope your employment opportunity works out.
    Michael

  • [...] very serious offense, more along the lines of a felony here in the US. Keep digging that hole. http://www.nationalpardon.org/blog/n…-vs-indictable For example, a DUI charge which is considered a serious crime in Canada is still rarely [...]

  • Bryon says:

    I am in the US Army and have to travel on orders through Canada to Alaska via personal vehicle. 17 years ago I had a suspended sentence for minor consuming, and 16 years ago I was arrested for a DUI in Alaska but it was reduced and sentenced for a reckless driving. My question is do you think I will have issue traveling through the border? Do I need to apply for rehabilitation. I am concerned because I have to travel in the next month.

  • Mike says:

    I had got caught shoplifting when I was 18, which was 22 years ago now. The charge at the time was theft under $1000. I pled guilty and paid $100 fine. 5 years after that I went in to get a pardon and asked at the RCMP for a copy of my record, the officer told me there was actually nothing on my record. Fast forward to about 3 years ago when I was going across the border for Canada to the US.. They asked if I had a record, and I replied, well no I had gotten a pardon and there was nothing on my record. They of coarse told me that they font recognize Canadian pardons and that I would need to bring a copy in the next time I went across. I went in to an RCMP to find out if I could get a copy, only to get the same response of there not being anything on my record. So the next few years I have been going across the border with no questions and no problems, and I was making up to 3 trips a month and had been brought inside on a few cases without any problem. Then all of a sudden in January they ask me about the pardon, and that I need to bring OT in again. After that I went over 3 more times and then I was being told to go inside every time about the pardon. So I went and got my fingerprints and had a place in Alberta search through my records. The copy of my fingerprints that I got back said that there was nothing on my record. But the legal place finally found the court record from the theft under. The problem is now, there isn’t a summary or indictable conviction on the court record and my fingerprint says that there is nothing there. I’m not sure what my options are at this point. If my fingerprints say I have no record, can I not just show them that to get across to satisfy them? If no court document was found, would they have sent anything to say that there wasn’t? I have to travel to the US for work, and need to have this resolved pretty quickly. Any suggestions would be great thanks.

  • Birgit Davidson says:

    Hi Mike,

    It sounds to me like you may have “given yourself up” at the Border by admitting to having a pardon. In any case, what’s done is done so let’s try to find some solutions to your current situation. As I’m sure you realize, one summary theft conviction does not render you inadmissible to the USA whereas one nidictable theft under conviction will get you refused. We need to prove to Customs that the offence was, in fact, summary.

    You can submit fingerprints under the Privacy Act for a copy of your pardoned criminal record from the RCMP (which will hopefully contain the section of the Criminal Code under which you were convicted which will, in turn, prove whether the offence was summary or indictable). I am in Calgary so can help you out with this request if you are able to come in to the office. If you aren’t in my area, please give me a call and we can get this sorted out.

    It is possible that the courts simply didn’t send the RIGHT records. Unless you are very unlucky they normally have SOMETHING on file that would show that the offence was summary or indictable. Again, I can certainly help with that as well.

    Give me a call at 866-242-2411 to discuss your case further.

    Birgit

  • Mike says:

    Thanks for the reply Birgit. I don’t live in Calgary I’m actually in BC. I did get more clarification on the court record, and it actualy does not have summary or indictable on it. So that’s one problem. As far as I know, and I also have sent my fingerprints in for all the necessary information, the RCMP portion shows no criminal record and I didn’t actually fully apply for a pardon. I am waiting for a copy of that portion. When I was 23, I started to apply for the pardon, when I went in to the local RCMP to obtain a copy of my record, they told me there was no criminal record. So a pardon was submitted and my criminal record says I don’t have any charges, yet there is a court document that shows that I had a theft under $1000 charge. It all doesn’t make a lot of sense to me. Can I not go to the border station with a copy of the pardon search and the copy of my fingerprint criminal record copy and show that to them to be good enough to satisfy them? I don’t see why I would have to show them the court record if everything else is in the contrary. I really don’t want to bother spending $1000 per year for a waiver. It’s just not worth it to me. I really appreciate your advice and I don’t want to put you in a spot here for what I technically should or shouldn’t do legally, but I’m willing to take a chance if the pardon and the criminal record are clean.

  • Birgit Davidson says:

    Hi Mike,

    You are flagged in the US system because you TOLD Customs that you had been granted a pardon so you will have to show them something. They keep records every time they question someone at the border.

    What court record, exactly, did this company obtain from the courts? They may be able to order other documents that DO indicate whether the charge was summary or indictable.

    If court records indicating whether the charge was summary or indicatble do not exist, then I sugegst you bring whatever court records you DO have to your nearest Port of Entry and ask US Customs if you will need a waiver. If they say that you should apply for one, then give me a call and we can get the process started for you. If they decide that you are not inadmissible then you *should* be ok to travel but be aware that Border Guards have a lot of discretionary power so you could get unlucky one day and still be refused entry.

    Birgit
    866-242-2411

  • Mike says:

    I understand what you are saying. I am waiting on a copy of what information my pardon says. Every time I was going across all they kept asking me is.. Do you bring a copy of your pardon?.. And they told me that all I needed to do was bring in that copy and tgey would take that flag off. Odiously if I had something there tgey would want more info. All I’m saying is, I have no convictions on my fingerprinted record, and “if” there pardon says I didn’t actually apply for one, would that not mean that I didn’t have a record aside from the court document? The place I’m using has tried 2 times to find out whether it was summary or indictable already and there was no luck. I do think it would be a good idea to take everything there to find out what they will do instead of paying for a waiver first. My question is, if I had gotten a copy of my pardon and the my record copy first, went to border with that, because it did take a long time to find that court document, would that not be good enough? Also, if I brought in everything including the court document and they said it was ok to go through the border, would I be stopped every time or some random time after and not be let across? Thank you for all your help.

  • Birgit Davidson says:

    Hi Mike,
    I am a bit confused here- you keep talking about your pardon even though you say you never actually went through with it…. did you get a pardon or not? If you did not obtain a pardon, you definitely want to show the US a letter from the Parole Board stating that you were never granted a pardon but you also need to bring them the court records that you have as well as the printout from the RCMP that states you do not have any convictions in the National Repository. You have a criminal record by virtue of the fact that you were found guilty of an offence in a court of law. RCMP records are FULL of mistakes. You told the US about this offence and so now you need to provide them with the info they need to determine whether you are inadmissible or not. They need to know what section of the Criminal Code you were convicted under and whether the offence was summary. Unfortunately, it seems that your court records also contain errors and that they do not indicate the method of trial (summary vs. indictable) and so you may be out of luck. Generally speaking, US Customs will assume the worst. In other words: if you cannot prove that the offence was summary, they will assume it was indictable and you may be found inadmissible and have no choice but to apply for a waiver.
    I suggest you bring US Customs the printout you have from the RCMP, a copy of your pardon (or a letter stating that no pardon was granted- whichever applies), and any court documentation that you have. You may get lucky and they may decide that you are not inadmissible or they may tell you that you will need a waiver. Only they can answer that question at this point.

    Good Luck!

    Birgit

  • Lynnie says:

    Hello,
    I was wondering what a summary indictable offense means and how long I would have to wait before a pardon.
    Regards

  • Wendy says:

    Lynnie: Summary offence means lesser convictions such as those that impose fines but no jail sentences. Indictable means a convictions that can but don’t always impose a jail sentence such as a DUI. It’s usually at the discretion of the prosecutor. If you need to know which you got…you have to see your criminal record or check your court papers. You can start the process of your application 3yrs after a summary offense once all fines and sentences are discharged. If you were convicted of an indictable offense, then you can apply 5yrs after your sentence was discharged and all fines/sentences finished.

  • Birgit Davidson says:

    Hi Lynnie,

    Wendy is correct in that summary offences are generally considered lesser offences and that indictable offences are generally more serious. Many offences are HYBRID offences, meaning they can be either summary OR indictable. DWI’s are summary 99.9% of the time but they do fall under the umbrella of hybrid offences and so can technically go either way. As a general rule of thumb: if a person served more than a month or 2 of jail time, then it was probably an indictable offence. But not serving jail time does NOT guarantee you that the offence was summary. Fraud convictions, for example, are RARELY met with jail terms but are often indictable. You usually have to check with the court to determine how the Crown proceeded in a case because the criminal record alone rarely provides enough information. I can provide you with a very educated guess as well if you want to call me to discuss your individual circumstances!

    One thing I would like to clarify is that, while Wendy is generally correct that a person becomes eligible for their pardon 3 or 5 years after the completion of their sentence (with a couple of exceptions for very serious crimes), it is a good idea to start the application process at least 1 year before your official eligibility date. The RCMP and courts can take FOREVER to get us the required documentation for a file so it is always smart to get a head start!!

    Birgit

  • samantha says:

    hi Birgit,

    i am trying to decide to try to fight my dui or to just plead guilty. i am really concerned about the criminal record. my lawyer only thinks he has a 65% chance to get me off on a technicality and the shear cost of the fees and the extra time until trial really worry me. i just want to put this experience behind me as i have absolutely learned my lesson.

    i travel quite a bit for pleasure and am worried I will loose that opportunity to go to other countries. i’m not interested in going to the states but if there was no bodily harm done and no accident (pulled over at a check stop) and you plead guilty and get the summary offence how hard is it to travel? what else does a record actually affect? i just got a new job and they weren’t worried about it at all. i have a house and a mortage but in the future could this affect me in other ways?

  • Birgit Davidson says:

    Hi Samantha,

    I am not a lawyer so am not qualified to give legal advice but avoiding a conviction, if possible, will obviously save you a lot of headaches. The decision regarding how to plead is one that only you and your legal counsel can make.

    An impaired driving conviction probably won’t limit you too much when it comes to travel. Even the US will allow a person to enter with one DWI on their criminal record. Countries that require you to apply for visas in order to enter and Commonwealth contries may be a problem for you, however.

    A criminal record can have far-reaching ramifications. Employment is probably the number one reason that people cite when applying for pardons. Even if your current employer isn’t overly concerned about your potential record in your current position, it may limit your ability to gain promotions in the future. It can also affect your ability to volunteer, adopt children, become bonded, etc. etc.

    Best,

    Birgit

  • Elizabeth says:

    I have been charged with theft under $5000 and go to the RCMP on October 5 for fingerprinting and photos. I will be going to court in december and expect to plead not guilty and go to trial sometime next year. If I am charged, it will be a summary conviction. Does this summary conviction show up on CPIC records at the border? Can I go into the US, as I do travel over the border frequently with my family. What about the time between the fingerprinting and any trial? Thanks.

  • Hi Elizabeth,

    US border guards can see pending charges and will refuse you entry because of them so you cannot even attempt to cross the border until your case is finalized in court.

    If you are convited, US border guards will be able to access that information as it will appear on CPIC. According to the Immigration and Nationality Act, ONE summary Theft Under conviction does not render a person inadmissible to the USA. You should be aware, however, that border officials have absolute discretion over who they allow across the border and I have spoken with many people who have been refused entry even when they technically should not have been. At the very least, I suggest that you travel with court records outlining your conviction (we can get these for you if you open your pardon file with us). A better option would be to avoid US travel altogether until you have pardoned your record.

    Please contact us once your case is finalized in court at: info@nationalpardon.org

    Good Luck!!

    Birgit

  • Superconfused says:

    Hi my fiancé and I have started the application for his passport in February of this year and his finger prints were sent it. He was charged for assault causing bodily harm over five years ago for protecting his family but that’s another story. What we are trying to figure out is if you have any ideas about the normal wait time for processing of finger prints? They responded to our email in august stating theyreceived all his documents on June 3 2011!? There is no way I took them 5 months in the mail so I am assuming they are way behind in their processing. We would like to travel to the Us this spring or summer but at this rate I don’t think it’s going to happen. My other question is around his Indian status with this charge is he still able to enter the US because he is first nations?? We would appreciate the advice thanks Chantelle

  • Hi Chantelle,

    Are you processing a passport or a pardon? If you are doing a passport I can’t understand why you would be submitting fingerprints unless things have changed considerablyt since I last renewed mine. If it’s a passport you want just go to your nearest passport office and apply. You do not need fingerprints for that. If it is for a pardon the waiting times at the RCMP are simply unacceptable at the moment. It is taking months and months to return a fingerprint cerification even with the electronic submissions. If you sent them by mail it could take a long time indeed. Finally if your fiance has Indian status my understanding is that he cannot be turned away at the border. Howver, if it were me I would prefer to not give the Americans that information and would make sure I secured a pardon prior to crossing the border.
    Kind regards,

    Michael

  • mark says:

    Hello,

    In May of 2004 I was convicted of assault and breach of recognisance and received three years probation. Both charges were classified as summary convictions. I was just wondering if I do indeed, need a pardon to cross the border into the U.S.? This was the first time I was ever charged or convicted of anything. Any information you can provide would be greatly appreciated. Thank you in advance.

  • Birgit Davidson says:

    Hi Mark,

    I would have to see the exact sections of the criminal code that you were convicted under but it sounds like you may not be inadmissible under the Immigration and Nationality Act. The problem is that border guards are given complete discretion over questions of admissibility and if you land on the wrong guard on the wrong day, he or she could refuse you entry. If you apply for a pardon, you would clear your record and could avoid potential headaches. Please call us at toll free 1-866-242-2411 to discuss the details of your case!

    Birgit

  • bev says:

    i was convicted of a summary offence in 1993 for failing to protect my children.there was no fine or jail time nor was i ever fingerprinted .i was given one year probation.do i need a pardon to go to the USA.this all happened in Nova Scotia

  • Pawel Kolasa says:

    Hello,

    USA and Canada are both criminally insane. The corrupted gov’t officials are persecuting normal people for invented “crimes” or they create mountains out of molehills. This is real issue and that’s why we the 99% have to make a revolution that, is NOT peacefull because, peacefull protests DON’T WORK!

    Media which, belongs to big business is praising peaceful protests, while the crooks in politics and business are LAUGHING at You!

    I spit on peacefull protesting, as only action brings results. Time to bring Politicians, Judges, Prosecutors and Police to JUSTICE! Constitution is not a polite suggestion and this MEAN SPIRITED DUI and criminalization laws must go. This shit is gotta go!!! NOW!

    SPEAK UP! Tell everybody it’s BULLSHIT!!!

  • Birgit Davidson says:

    Hi Bev,

    I apologize for the late reply. Not sure how your post slipped under the radar…

    I would need to know the exact section of the criminal code that you were convicted under to be able to evaluate your eligibility to the US but it sounds like you could run into trouble if you attempted to cross the border. Please feel free to call me at 866-242-2411 to discusss the details of your case.

    Birgit

  • A Jones says:

    I have a question which may be totally out there…. if someone was convicted of breach of probation and it was charged as indictable is there a way to now 5 years later change it to summary? Like could they go to court and ask to have it changed? or is it just too bad so sad you gotta wait 10 years now?

    • Michael says:

      Hi A,

      I am afraid there is no way to change your charge from indictable to summary. You will have to wait the ten years.

      Michael

  • LEE says:

    Hi,

    I was advised that indictable offenses are now 10 years. Can you confirm?

    Thanks

  • natalie says:

    I was charged with utter forged document sec. 368(1)(a)CC in canada May 2007. It was my first and only charge. I received a suspended sentence and 1 year probation. I submitted a forged prescription. 1)Is this an INDICTABLE or a SUMMARY CONVICTION? I can hardly see how this would be more serious than a DUI or minor assault which sometimes are classified as summary convictions.(Not to belittle in anyway what I have done) 2) Can I begin my application for a pardon before the waiting period is over?(if it is indictable its 5 years from the end of the probation and that would give me another year?) 3) Would I just be waisting my money and the application will be denied or will it be looked at based on the date of the pardon approval? From the information I’ve received a pardon is a 12-24mos process so I’d like to get on it asap. Thank U!

  • Naomi says:

    Here’s an odd question I suppose but what happens if I had both a single charge in canada utter forget document and I have another single charge in the US basically the same thing (its a felony charge as I understand it). I am a canadian citizen and will be seeking a canadian pardon. And I assume that if I wanted to travel to the US I would need a US entry waiver. However, the question here lies with the fact that I still would have the US felony conviction(again it was I believe fraud-uttering a forged document and I believe it was from 2005). How would this effect me traveling to the US? Can I enter the US? Where can I find more information? Is there a way to receive a US pardon? (Not the grand presidential pardon thats basically paid for based on who and how much you have, but an honest fair way for the regular joe to put a terrible situation behind them)

  • Birgit Davidson says:

    Hi Natalie,

    Section 368(1)(a) is a hybrid offence meaning that we have to confirm with the courts to see whether it was a summary or an indictable offence. If it was summary, the wait period is now 5 years but if it was indictable, you now have to wait 10 years before becoming eligible to apply. It could really go either way so we will have to see what the court says before we can figure out your eligiblity.

    You can and SHOULD start your applicaiton early because it can take a long time to gather all the required documentation for your file. I would suggest you opt for the standard service.

    Birgit

  • Birgit Davidson says:

    Hi Naomi,

    The US does not have a standardized pardon system like we do so it is very difficult to purge a US conviction. You could try contacting the court where you appeared to see if they have any suggestions but unfortunately I wouldn’t hold my breath if I were you.

    You are absolutely right in that you will require a pardon to seal your Canadian conviction AND a waiver in order to cross the border. The waiver will override both your Canadian and your US convictions.

    Please let me know if you have any other questions!

    Birgit

  • Natalie says:

    Thank you. Another question then. If I begin my application and the court states it was an indictable conviction, then what? Since the charge was in 2007 with 1 year probation that would put the date to may 2008 and I would only have 4 years(i feel I should have the full 5 since it was a wake up call immediately) But will the money I pay be lost and I will have to pay all over again after 10year waiting period? Or does my application just sit in “limbo” until its “ready”? What kind of guarantees would I have that I wouldn’t loose the money? I’m a single mom of a 5 year old and this record is majorly impeding me from supporting myself and my chilid, I can get jobs, even pretty low level, I can’t use my degree, and I can’t go to school for something I was to pursue. So you see I really need this pardon. HELP! Also, I am super low income is there an agency that can help? Any funding to help with this? You can send me a message directly to my email if you would prefer. Thank you.

  • S"V says:

    Hi ther I just have a question… I have a friend being charged with theft under $5000… she is going to see a lawyer this week and has court in May.. can she go to jail if this is her first time being in trouble with the Law… she is very worried because she has a small child at home

  • Birgit Davidson says:

    Hi Natalie,

    I don’t have an email address for you (the one that you have to enter when you post is not visible to me).

    If it turns out that you are not yet eligible for your pardon, you will NOT lose the money that you have paid us. We will place a hold on your file and will reactivate it closer to your eligiblility date (whenever that may be).

    I am not aware of any agencies that assist with funding but they may exist. We are happy to work out a flexible payment plan with you if that is something you would be interested in!

    Please feel free to contact me at toll free 1-866-242-2411 ext. 106 or bdavidson@nationalpardon.org.

    Birgit

  • Birgit Davidson says:

    Hi S”V,

    I’m sorry to hear that your friend has found herself in this situation. Unfortunately, we are not lawyers and so are not able to give legal advice. In my experience, jail terms are rare for Theft Under but she really needs to speak about potential outcomes with her lawyer.

    Best wishes,

    Birgit

  • Darren says:

    Hi, I was convicted of a DUI in 1991….over 20 years ago. I have not been outside canada but plan to do so in the near future. Will I be able enter into the US or anywhere else I plan to visit?

  • Birgit Davidson says:

    Hi Darren,

    According to US law, you are not inadmissible with one impaired driving conviction on your record. I am not familiar with the entry requirements of every country out there but if you pardon your record you should be able to eliminate any possible headaches.

    Birgit

  • Darren says:

    I wanted to know your opinion: Do prosecutors prefer going for an indictable offense or summary conviction in the case where a charge is hybrid? Is an indictable offense where the penalty is no more than 2 years a “minor” offense?

  • Birgit Davidson says:

    Hi Darren,

    To be perfectly honest, I have no idea how prosecutors decide how to proceed in a case. Generally speaking, in the eyes of the Parole Board at least, no indictable offence is considered to be minor.

    Birgit

  • Natalie says:

    To S”V To tell you the truth I think your friend is better off without a lawyer. I’ve been through the court system more than I like to admit, and the only time I was ever convicted with any type of penalty was when I had a lawyer. NO, last time I was in court was not when I had a lawyer. NO, the charges were not worse, in fact, they were something I was charged with again. I would try the duty counsel, I have always had way better luck. Second, they’re are 2 things I’m aware of first alternative measures, for those who have never had any prior charges, and haven’t used this before, essentially everything goes away, you may have to pay fines, write letters etc.. but no official charge on your record. Second, and I’m not sure the name but if you have had any mental health issues they can send you basically to an official court appointed counselor for a period of time and if you qualify and follow the what is asked of you the charge goes away. Its basically like probation with a counselor, with a conditional discharge. This is my opinion only but what I would recommend to my friends and family. So you do only what you are comfortable with.

  • Natalie says:

    Would I be inadmissable to the US with one charge of uttering a forged document(prescription forged) 368(1)(a)? Can I contact them and find out specifically if they would let me pass? Do they have a toll free number? What is that number? I’m afraid to call because I think they will just tell me ya you need a waiver just cause they want me to pay, but if I just went they would say nothing? thanks

    • Marc says:

      Illigibility periods are now 5 years for summary and 10 years for indictable.

      • Kyle Pistawka says:

        Hi Marc,

        You are correct that the waiting period for Canadian Pardon eligibility has changed. It is now 5 years for summary offences and 10 years for indictable offences. This law changed in March of 2012.

        Kyle

  • Birgit Davidson says:

    Hi Natalie,

    Because the charge involved a controlled substance, that alone would render you inadmissible to the US. You can try speaking with Customs but they will tell you the same thing.

    Birgit

    • Marco says:

      Hi Birgit, or anyone else who would be so kind to help.

      In 2010, I was convicted of possession of stolen property under $5,000 in 4 counts. I was charged and convicted of an INDICTABLE offense. The stolen items were electronics, stolen from a factory. I did not steal the devices myself, I was only the “middle man” so to say. The new law passed in March now prevents me from applying for a pardon for 10 years (I’m in my late 20’s, this would postpone my eligibility for a pardon essentially until I get to my late 30’s, early 40’s). I realize what I did was a crime, and that it was wrong…but I have trouble understanding why it was deemed indictable. It was essentially put in the same category as robbery, sexual assaults, etc.

      Is there any system in place where one could file a complaint in regards to the convictions received ? I have also recently been refused entry into the United States. Even after I was convicted, I was able to enter the U.S. on multiple occasions with no incident (by car and air). It was only on my last attempt that I was turned around and was told that I was inadmissible. Any help would be greatly appreciated.

      • Marco says:

        Oh, and also…this was my first offence. I never had any previous run ins with the law.

      • Michael says:

        Your charges would be considered indictable (felony) in Canada because they are all hybrid offences (meaning they can be prosecuted by summary or indictment). The majority of criminal offenses that are pardoned are hybrid offences. The ten year waiting period it very long but sadly that is part of the new regulations. Unless you go back to court on an appeal and overturn your conviction there is not really any other way of reducing the charges or the outcome at this time.

  • Birgit Davidson says:

    Also, I want to make clear that it is always a good idea to have a lawyer represent you in court. I cannot tell you how many people I have talked to who were completely overwhelmed and really didn’t understand the judicial process. The position of the National Pardon Centre is that interpreting the law is a very complicated matter and it should be handled by a professional.

    Birgit

  • Khan says:

    Hi, My Question is regarding my self. Because of my lil age and family poorness i traveld to some country with the forged passport. Now i applyed for the canadian immigration and i have explained them everything. The Letter i received few days back in that they mentioned that i did a indictable offence and there are huge chances that they will not allow me to come to canada.
    can you help regarding this……is there is any way i can asure them that the mistake i did was the first and last mistake of my life and it happend 3 years back and i am grown up now.

  • Birgit Davidson says:

    Hi Khan,

    What country did you attempt to enter with the forged passport? If it was Canada, and if you were formally charged, then we can help you clear that conviction eventually but if it was another country then I’m afraid that we cannot obtain a pardon for you. You may wish to speak with an immigration lawyer regarding your case.

    Birgit

  • Jessica says:

    Hi uhm my mom was just charged with two accounts if uttering forged document and a couple other charges to go along with it. it is her first offence. do you think she will do time?

  • Birgit Davidson says:

    Hi Jessica,

    We are not lawyers and so cannot officially comment on this, particularly without knowing any of the details of her case. I can tell you that I have seen hundreds of similar convictions where the person has not served any time but every case is different.

    You mom needs to contact a lawyer as soon as possible. He or she will be able to give her an idea of potential outcomes.

    Best of luck to both of you…

    Birgit

  • Bernie says:

    I was charged with two Misdemeanors, a simple assalt and a harrassment 17 years ago. Last year after hunting in canada for 10 years they told me I was inadmissable to the country. Is this correct, the rehabilitation pamplet says on page 6 midway down after 5 years not applicable, as long as the offences are equal to summary in Canada.

  • Birgit Davidson says:

    Hi Bernie,

    Were you convicted in the USA or in Canada? If they are Canadian convictions then you will probably need to pardon them in order for them to let you across the Canadian border.
    If they are American convictions, you have to formally apply to be deemed rehabilitated to gain entry to Canada. You should speak with Citizenship and Immigration Canada for clarification as we do not currently handle this type of application.

    Birgit

  • Michael says:

    Hi Bernie,

    Your charges would be considered indictable (felony) in Canada because they are both hybrid offences (meaning they can be prosecuted by summary or indictment). So the waiting period would be ten years. Still I think you are right. You should be what is called “deemed rehabilitated” because more than ten years has passed (depending on what your sentence was). I would try calling a CBSA (Canada Border Services Agency) office and discuss. Or you may want to consider applying for rehabilitated status in Canada.

    Keep in mind this is not official advice. I normally wouldn’t answer this type of question but I am actually writing my immigration certification exam this weekend and just happen to have this information right in front of me at the moment. So unfortunately I cannot help you out any further with this problem. But maybe if you check back in a weeks time I can offer you some kind of service.

    Best regards,

    Michael

  • Vincenzo says:

    Hello,

    I have been considering immigrating to Canada, and I have been researching how my criminal record would need to be addressed in order to do so. I have two convictions, one for misdemeanor battery in the US, in 2002, and a first offense DUI in 2001. I have not been arrested for anything since then. What steps would I have to take in order to be admitted into Canada?

  • stephen says:

    Hi I have been charged 2 years back with accessory to arson but I think I was charged with arson and possession under 5. First offense. How long do I have to wait to get that removed?

  • Birgit Davidson says:

    Hi Vincenzo,

    Unfortunately, we are not officially certified as immigration consultants yet so for now you will need to contact Canada Border Services Agency for an answer to your question. You can try checking in in a couple of weeks though as our certification should come through soon.

    Birgit

  • Birgit Davidson says:

    Hi Stephen,

    We will have to check with the courts to determine the method of trial in your case. If the Crown proceeded summarily, then there will be a 5 year wait from the time you completed your sentence before you become eligible but if they proceeded by indictment then it will be a 10 year wait. We can start your file now and will simply put it on hold if you are significantly early.

    Birgit

  • Joe says:

    is slashing tires indictable or summary?

    Thanks

  • Michael says:

    Hi Joe,

    i don’t think there is a specific offense in the criminal code for “slashing tires”. My guess is that it would fall under mischief of some kind of property offence. And depending on what they actually charged you with it could go either way. Basically to give you a proper answer we would need to see the court documents to determine what happened.

    Michael

  • Susie says:

    I know someone who in the process of doing his pardon application, he has already completed the fingerprinting and criminal record check from Ottawa. he has two charges from 1994, one assault and one uttering a forged document and personation with intent.
    he also has a DUI from 2009.

    so my question is should he wait and apply for his pardon when three years have expired or does he have to wait longer for the DUI. He is back in school and needs to get employment afterwards. any help would be appreciated.

    Susie

  • Michael says:

    Hi Susie,

    The DUI from 2009 is going to prevent him from getting his pardon until 2014 most likely. He becomes eligible 5 years from the day he paid his fine so he might want to put the application on hold for awhile.

    Kind regards,
    Michael

  • stephen says:

    Hi does the sentence start going away from sentenced to probation or after the probations completed?

  • stephen says:

    I mean the record

  • Michael says:

    Hi Stephen,

    The criminal record never goes away until you make the application to have it removed. In this case if the sentence was probation then once the probation is complete you must wait either 5 or 10 years and then apply for your pardon. Once the pardon is granted the criminal record is gone.

    Kind regards,
    Michael

  • Hi Susie,

    The DUI from 2009 is going to prevent him from getting his pardon until 2014 most likely. He becomes eligible 5 years from the day he paid his fine so he might want to put the application on hold for awhile.

    Kind regards,
    Michael

  • Natalie says:

    I received utter forged document 368 (1) (a) in may 2007, and received a suspended sentence with 1 year probation. When can I begin my application for pardon? Is it summary or indictable, therefor 5 or 10 year waiting period? If it was 10years what year/month should I begin the application processes? Also, just curious how a dui is only a summary offense, not even hybrid in comparison with lets say utter forged document or a property offense? It would seem the other way around since the latter doesn’t involve possible harm/harm to a person, whereas the dui does? Thanks Nat

  • Birgit Davidson says:

    Hi Natalie,

    We will have to confirm with the courts to find out whether your charge is summary or indictable. You can start the process now if you like even if it turns out that it was an indictable offence. We will simply babysit your file until you reach your eligibility date.

    DWI is a hybrid offence. 99% of the time, however, the Crown proceeds summarily.

    Feel free to contact me if you have any other questions!

    Birgit

  • Patrick Tucker says:

    I have been trying to locate a criminal record on someone who is known to have a few DUI convictions in 2001. How do I go about finding this and is it public access records or do I have to hire a lawyer or private investigator?

  • Riley says:

    Hello,

    In 2003 I was charged with a Summary Offence, possession of stolen property under $5000.00

    I was ordered to pay a fine and entered into the Alternative Measures program. I paid the fines and recently had a record check show I had an active warrant for the same offence. I cannot locate the court paperwork & don’t live in the province the offence occured. I had planned a trip to Mexico, but know I won’t be able to travel Canada to Mexico with this lingering. How can I deal with this from another province?

  • Birgit Davidson says:

    Hi Patrick,

    A couple of provinces have public access court systems but in order to acces a person’s actual criminal record, you have to have their consent.

    Birgit

  • Birgit Davidson says:

    Hi Riley,

    My advice is that you speak with a lawyer regarding this situation. I agree that you should not attempt to leave the country until this has been sorted out. You could also try contacting the police/ courts that issued the warrant to see what they have to say but you should probably get some legal advice first.

    Good luck!

    Birgit

  • Michelle says:

    My husband became a landed immigrant in Oct 2009. In Dec 2009, we brought his two children here from Jamaica. In March of 2012, he applied for his Canadian Citizenship along with both children ages 9 & 13. We are just waiting to get notification for him to go write his test. But then in May 2012, he was charged with DUI and speeding. Will or could this interfere with his application for Canadian Citizenship?

  • Birgit Davidson says:

    Hi Michelle,

    I am not an immigration consultant but I do know that a criminal conviction can sometimes impact a person’s citizenship application. It would be best to contact Citizenship and Immigration Canada to see if this will be an issue in your husband’s case.

    Best wishes,

    Birgit

  • Samuel says:

    Hi, I got an OWI (operating while intoxicated) in 2009 and I found out at the border when I tried to cross. I was wondering what sort of papers I’d need to put together a good case as my probation ended in 2010 and I do not want to wait 4 years (3/5, then 1 for rehabilitation).

    I am planning on immigrating at some point, if possible. I was also told by the gentleman at the border that I could take a copy of my court documents and 2 sets of fingerprints to the border and try that way, but I’m looking to get a 1 or 2 year TRP. I have not gotten into any trouble with the law since then, have quit drinking and (fairly recently) started my own business.

    Do I even really have a chance or would it be wasted effort?

    • Kyle Pistawka says:

      Hi Samuel,

      Was your conviction here in Canada? The pardon program is only for Canadian criminal convictions. If the conviction was in Canada there is nothing a person can do to avoid the 5 or 10 year waiting period before you are eligible to apply for the pardon. As for immigrating to Canada we are not immigration experts so it would be best to speak to Citizenship and Immigration Canada to see what needs to be done to immigrate and what documents you would need.

      Kyle

      • Samuel says:

        No, my conviction was in the US. I was told at the border that “visiting your girlfriend is not reason enough to let you cross” and sent away with an inadmissible paper.

        Later that day, I called a lawyer and he told me that it is a perfectly good reason to be given a TRP.

  • Samuel,
    Your lawyer is right you sound like an excellent candidate for a TRP. Currently the National Pardon Centre does not current assistant individuals with TRP’s however I am in the processing of completing my Immigration Consultants of Canada Regulatory Council accreditation by the end of the summer. If you would like to contact me directly at nlevesque@nationalpardon.org in September I should be able to help you.

  • Brandon says:

    Hi Birgit,
    I have been charged with assault causing harm after hitting someone with a beer mug. Just wondering what the different limitations on travel would be after being convicted of either assault causing harm or a conditional discharge of the same offence?

    • Kyle Pistawka says:

      Hi Brandon,

      The USA is not concerned with matters of simple assault, but more serious assault offences, such as assault causing bodily harm, would require a waiver in order to travel to the USA. So there would be limitations on travel for you.

      Kyle

  • Chris says:

    Hi,

    I was convicted of a Level 5 DWI (the least severe) in the US. I was convicted in November 2005 and have completed my sentence without any jail time. I still reside in the US and now need to travel to Canada for work/business. I have read that since DWI’s are usually only considered summary offenses and it has been over 5 years I should be deemed rehabilitated. Is this true? Will I have no problems entering Canada for work?

    I would greatly appreciate any advice in moving forward with this matter. Thanks

    Chris

  • Nicole says:

    Chris,
    You have done your research it is true that if five years have passed since the conviction for a charge that would be considered summary in Canada you are deemed rehabilitated — providing that this is the only thing on your record. According to Canadian law you are not considered inadmissible to enter Canada, we of course cannot guarantee entry into Canada that is up to CBSA but there should not be any issues due to your past criminal record.

  • Shay says:

    Hi, I was recently convicted for a drug offence. I’m just wondering will I ever be able to cross into the U.S.A?

  • Cory McNutt says:

    Hi,
    In Febuary of 2008 I was convicted for trafficing cocaine. I was not, an am not a dealer but just happend to know one who was. A friend had asked me to get him something which i was dumb enough to do and he was unknowingly sitting with an undercover cop. I was convicted but since have changed the way i live my life. I run my own company, do Real Estate on the side, soon to be married, and do lots of volunteer work. one of the clients I deal with wanted to send me to Europe of Hawaii for my honeymoon. I was doing some research and see that the indictable offenses parons went up to 10 years. Please tell me there is something I can do to be allowed to leave Canada. this was my first and only offence in my life. I am an outstanding citizen. If a rapper or famour person can be allowed to leave their respected country why can i not. There has to be some type of appeal process that looks at the circumstance regarding my case. Thanks for your time.

    • Kyle Pistawka says:

      Hi Cory,

      The pardon process and the process to travel are two entirely seperate things. As you mentioned you would not be eligible for a Canadian Pardon until 10 years after the completion of your sentence. But when it comes to travel to places like the USA you would require a USA entry waiver. There are no set wait times for when a person can apply for a waiver to enter the USA, so if you wanted to travel to the USA you could apply for the waiver now. I will tell you that as a general rule we tell people to wait at least 5 years from their most recent charge before applying for a waiver to increase their chances. Here is a link to the section of our website that discusses waivers, http://www.nationalpardon.org/us-waiver/information/

      Kind Regards,

      Kyle

  • Ron says:

    I was just wondering, I remember the times I was sentenced the crown always mentioned they were going to proceed summarily, never understood , but now I have an idea, I havent been in trouble since 2007, but I was finally sentenced for a breach of probation on October 2010 but I was originally charged in Nov/2008, Do I still have to wait from Oct 2010 or from Nov 2008?

  • Nicole says:

    Hi Ron,

    Unfortunately your waiting period begins the day you you complete your sentence. So depending on what sentence was given to you in 2010 once it was finished then you need to wait 5 years. If there was no actual sentence at all (for example time served) then the waiting period would begin right away.
    Kind regards,
    Nicole

  • Jason says:

    I was wondering if there is a way to see if I am eligible to apply for a pardon. I have had many run ins with the law when I was younger, but my last mix up was over in 2008. I have never been given federal time, but pretty sure I have more than 3 indictable offences. Is there a way to found this information out, without paying!

    Thanks
    JAY

  • Jason says:

    I was wondering if there is a way to see if I am eligible to apply for a pardon. I have had many run ins with the law when I was younger, but my last mix up was over in 2008. I have never been given federal time, but pretty sure I have more than 3 indictable offences. Is there a way to found this information out, without paying!

    Thanks
    JAY

    • Kyle Pistawka says:

      Hi Jason,

      You are only ineligible for a pardon if you had 3 or more indictable offences where you served 2 years or more in jail (or if you have a schedule 1 sexual offence against a minor). So if you never served any jail time, even if you have indictable offences you should still be eligible for a pardon. Of course if your last charge was in 2008 you would not be eligible for 5/10 years after the sentence is complete and all fines are paid.

      Kind Regards,

      Kyle

      • Jason says:

        Hey Kyle,

        The most time I have ever received was 90 day intermediate sentences that was served on weekends. I have done this four times in the last 20 years, last being 2008. Is it possible to start the process so when the 5 years is up I will be able to travel across the border?

        Thanks
        JAY

        • Kyle Pistawka says:

          Hi Jason,

          You can absolutely start the process early. In fact we recommend starting the pardon process about 1 year before you are eligible as it is quite a lengthly process. However a Canadian Pardon is not enough to travel to the USA. Legally speaking you would require a USA entry waiver in order to travel to the USA. Here is a link to some information on waivers from uor website (http://www.nationalpardon.org/us-waiver/information/).

          Kind Regards,

          Kyle

  • Steve says:

    Had two DUI’s in Manitoba one in 1977 and the other in 1978. Is this still on my criminal record as i am trying for a new job and a security check is required. Or will they notice that 37 years has passed and that i have changed? I’ve had employment checks done on me in the 1990’s with no problem. As for crossing the border , never had a problem either.

    • Kyle Pistawka says:

      Hi Steve,

      Criminal charges will always stay on your record and are never automatically removed, no matter how long ago they occurred. A record of the offences will exist and will only go away once a pardon is complete. As for having record checks done for employment it could simply be that your employer does not see DUI’s and serious enough offences to impede your employment. In regards to crossing the border you should not have any issues as the Department of Homeland Security states that impaired driving charges would not make you ineligible for USA travel/entry. So even if they were to see your charges they would still allow you to enter.

      Kind Regards,

      Kyle

  • Steve says:

    Please email response to my previous question. Thanks!

  • Sarah says:

    Hello,

    My husband was convicted of second degree murder in Canada in 1995. He was given a sentence of life 10. He served 7 years and has been out ever since with a great job, no issues, has a great family with 4 kids. He has no issues with parole or other, does not have to sign in with police anymore and he has no restrictions at all. He has had no other convictions or legal interactions prior to or after the one offense. ( IE: first and only ever charge). He does talk to his parole officer every few months to “check in” but again has no restrictions or other or concerns from his parole officer.

    My question is about a pardon..is he able to receive a pardon (or record suspension) with a life sentence and being on parole? If not how do we go about travelling? I know the USA is out of the question but what about europe etc…he just applied for his canadian passport so any advice you can give would be greatly appreciated….

    Kind Regards,
    Sarah

    • Hi Sarah,

      I’m afraid that since our husband received a life sentence it does mean he will never be able to complete the sentence. Since he cannot complete the sentence he can never meet the eligibility criteria and will never be able to apply for a pardon.

      Kind regards,

      Michael

  • Monica says:

    Ok, I was stupid 13 years ago and shop lifted once. Got caught and was charged with theft under 5000. I was given a conditional discharge as long as I paid my restituation and had a clean probation. Which was all done. So now I’d like to get my canadian passport and travel into the states. Is this possible? Everyone gives me a different answer.

    • Hi Monica,

      There reason you are getting mixed message is because the answer is both yes and no depending on how you look at it. The border is a little complicated to give me a call and I would be happy to explain. Rest assured the information I give you will be correct.

      Michael
      514.842.2411 x 227

  • John says:

    I was woundering if i got stopped for a dui is it still known as an indictable offense

  • y says:

    Hi,
    I was convicted of simple marijuana possession in the US a couple of years ago(less than 30g) . This is the only thing on my record. After some research it seems this is a summary offense in Canada, and that a single summary offense does not make you inadmissable to canada. My question is do I have to do anything special when applying for a canadian visa? or do I just apply as normal? Should I be worried about something?

    Thanks

    • Hi Y,

      It sounds to me like you are an American citizen. In that case you may need a Temporary Resident’s Permit but as you say it is a simple summary offence and may not be necessary. I suggest consulting an immigration expert.

      Kind regards,

      Michael

  • MT says:

    Hi

    I had a very minor UK DUI in 1983 at age 18 (BAC reading of just over 0.08 the legal limit) with a 12 month ban, no jail time, dealt with as a summary conviction in magistrates court. I then (very stupidly) got another (again classed as minor) DUI in 2003 with the same ban 12 months.

    Am i deemed rehabilitated as they were dealt with in a summary manner in the UK and were very minor (no harm)?

    No idea how I stand!

    • Hi MT,

      It sounds to me like you would be deemed rehabilitated but since this is an immigration matter technically I am not the one to be offering advice.

      kind regards,

      Michael

  • MT says:

    ps Im married to a Canadian and wanted to be able to travel to Canada with her…

  • anna says:

    Hi ive been charged theft under $5000 for a thing of just $13..first time was in 2007 for a thing for $3 …both were not planned…by mistake happened…this time i had stuff in my hands my sons jacket cap…it mixed in that as i was checking other things…in the end i forgot i piked sumthing n without clearing i csme out of store n then they came to me n i realised ys i forgot something…but they dint blieve…ive togo to court in nov

  • anna says:

    Pls do lemme know…wat would happen..
    Wat ive to do wat ive to expect…as im.already a student now ive taken admission in hair academy…ive no idea wat to expect pls help me in this matter

    • I hate to say it Anna but the chances of being found not guilty of this sound slim, although I am not a lawyer. My suggestion would be to hope (aim) for a discharge which would allow the records to be cleared up much more quickly than if you are actually convicted. Since it sounds like your first offence and it is relatively minor it might be a possibility. However, as I already mentioned, I am not a lawyer.

      Best luck,

      Michael

  • Wayne baron says:

    Hi I’ve been convicted of multipable offenses ranging from breaking and enter to threats ahe and the last time i was in jail was 2008 can i get a pardon? Oh by the way the most sentence i received was 18 months

  • Dolly says:

    I have question about my son who is a status card holder and was charged with felony possission of mariajuna. Never charged with anything else can he come home?

  • Goldy says:

    Does anyone know how diversion program (alternative measures) are processed through cpic. Want infor on whether if the diversion is completed if one needs to worry abt travelling to the US. It’s been 2 years since the diversion was completed.

  • Farmer says:

    I was convicted of public mischief 20 years ago and was convicted by summary conviction. I have not had any other criminal charges. That was the one and only time. I have not applied for a pardon yet and have not been out of Canada since then. Would I have any problems traveling out of the Canada to go to the US, Mexico, or any other caribean islands?
    Thanks.

    • Hi Farmer,

      Yes your criminal record will certainly prevent you from travelling to the States. I strongly advise getting a pardon first. We would be happy to handle your case if you’re ready to get started.

      kind regards,

      Michael

  • Carley says:

    I’ve been charged theft under 5000$ in Nov ,2013.I finished Alternative Measure Program(pay the fine 200$) in Jan.My case was dropped. I have Canadian Citizenship test in 10 Mar,2014.I’m worry because I don’t know how to apply to remove my criminal record from RCMP ,and how long does it take?
    Please give me some advices,I really appreciate that.

    • Hi Carley,

      You require a purge and file destruction. We would be happy to handle that for you. You can simply apply online (choose a standard pardon). Otherwise you can give me a call. I am at my desk.

      Kind regards,

      Michael,
      514.842.2411 x 227

  • Carley says:

    Hi Michael,
    Thanks a lot for your reply .I just want to ask you ,how long does it take if I apply for pardon.Can I get it before 10 March to attend my citizenship test ? Or It’ll take longer and I have to reschedule my test ? Please let me know clearly,before I call you.
    Thank you very much for your help.

    • Hi Carley,

      A file destruction (rather than a pardon application) can be done fairly quickly but I certainly couldn’t promise by March 10. But I doubt they will do a criminal record check for the test. Probably that part will come afterwards so you may have it in time. Best guess for a destruction is usually about 4 months to see everything cleared up.

      Give me a call when you’re ready. I’d be happy to go over everything with you.

      Kind regards,

      Michael

  • Denise says:

    Hi Michael,

    I have a question I hope you can help. I applied for a pardon February 2012 just before therules changed. I have one summary offence and one indicible offence. I understand the parole board is processing indiciable application received in late 2010. My question is wwould it be better for me to forfeit my old application and pay the new fee? Would my application be processed sooner?

    Thanks
    Denise

    • Hi Denise,

      I get this question all the time and there is no easy answer. For starters the money has to be of little importance to you because you will forfeit all the cash you already spent and you will need to pay again. Second there is no guarantee the new application will be done before the old one. All that being said you are kind of forced to hold your breath and wait with the old one, whereas a new application will be guaranteed to be done within a certain time frame. Keep in mind when I say guarantee I am talking about the Parole Board side of things and I use the word “guarantee” very loosely.

      Feel free to give me a call if you would like to discuss.

      Michael
      514.842.2411 x 227

  • Denise says:

    Hi Michael

    I guess I should have mentioned my indiciable offence is 17 years old

    thanks
    Denise

  • Derrick says:

    Hi Michael,

    I went through and completed the alternative measures in BC in 2011. Will this fact affect my student visa extension? I also plan to apply for a post grad work permit and a PR. Will those be affected?

    Thanks.

  • Karen ball says:

    Hi Michael,
    My husband received a summary conviction (DUI) last September, we are looking to travel and all flights to our destination have connections in the states. Will he be allowed to enter the country and leave the country without incident, or is there anything we are required to do prior to leaving Canada?

    Thanks Karen

    • Michael Ashby says:

      HI KAren,

      If it’s just the one dui charge he should be ok. It seems to be the one they are fairly lenient about. But it’s certainly no guarantee. I suggest you travel with court records to prove the nature of the offence.

      Best luck,

      Kind regards

  • Jon B says:

    I am actually in the midst of getting my pardon with you guys but I was told I have to wait until 2020 before I would be eligible. I wanted to know if I can get a China tourist Visa with the following charges:

    Fraud under $5000 ( indictable offense 10 year wait time)
    Obstruction of justice ( summary offence 5 year wait time)
    Breach of probation ( summary offence 5 year wait time)

    First charge was in 2008 where I ended up with $200 fine, 150 hours community service and 2 years probation. Second charge I had conditions where I was not able to leave my city, province, country and I wasn’t able to speak or be with 4 other guys. Also, I had a $230 fine. Third offence ironically I was caught with one of them which turns out to be my neighbor and I was put in jail for a week. I am planning to go to China in 2015 and wanted to know if I should answer yes to the ” do you have a criminal record in China or any other country? ” or should I simply deny. What a re my chances?. Any advise would be much appreciated.

    Thank you,

    Jon B

    • Michael Ashby says:

      Hi Will,

      Chinese immigration is a matter that is unfortunately way beyond our expertise. But I’ve never heard of someone being denied entry to China for a criminal record. It could be much different if you are applying for a visa.

      Best luck and please let us know how it works out.

      Kind regards,

      Michael

      • Jon B says:

        Hey Michael,

        I just spoke with the china visa bureau and advised them of my charges. They said it is very minor and since it has been a while for my indictable charges, I should be OK. However, they did ask me that if I checked the ” yes ” box, they will do a search and I would have to include my court documents so they can see all the details. She then told me it would be in the consulate’s hands to decide whether I will be approved or not for the visa. I then called the tour company and advised them as well of my situation. The Rep told me to check the ” no ” box and should be fine. She said I was not the first one that asked them this and the other clients never got refused. As long as i don’t have drug charges, murder charges or rape, I should be fine. Now my dilemma is check the yes or no box. Either way I would most likely get approved but at the same time, I don’t want to lie and get caught. Well hope this helps anybody that will read this post!

        Thanks again Michael,

        Jon B

  • Belindahernandez Moreno says:

    Can somebody help me my hubby turned himself in for having pending charges of 2p.o.c.s how much time will he get in jail or prison… Its hard when ur with someone they leaves out ur side and having a family

    • Michael Ashby says:

      Hi There,

      I’m afraid we are not lawyers here. We only deal with things after the conviction takes places.

      Best luck,

      Michael

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