Yes it’s true: You can do a pardon yourself

Often I get calls from people who think that a pardon application is just a matter of filling in a few forms and sending them off to the Parole Board for review. But this is not the case. A pardon application is a lot more involved than that. And here is the proof. Below is the Pardon Application Instructions provided by the National Parole Board. It is rather involved in my opinion. And considering the importance of a pardon it is something that should always be handled by professionals. At the National Pardon Centre your file is in good hands and guaranteed.

Pardon Application Guide

Step-By-Step Instructions

DO YOU NEED HELP?
Call the Helpline :1-800-874-2652

CAN YOU APPLY FOR A PARDON AT THIS TIME?

1. Have you been convicted of a federal offence as an adult?

2. Has it been at least three (3) years since you completed your sentence?

IF you answered “Yes” to both questions then you may be eligible to apply for a Pardon.

Note: “Completed your sentence” means that you have paid all fines, costs, surcharges, and made restitution or compensation, and completed any order of probation, conditional sentence, and incarceration (which includes time on parole and statutory release).

Summary of Pardon Application Steps

IMPORTANT

KEEP A COPY OF ALL YOUR APPLICATION DOCUMENTS FOR FUTURE REFERENCE

STEP 1: Obtain your Criminal Record or a Certification of No Criminal Record from the Royal Canadian Mounted Police (RCMP). See page 2

WAIT FOR A REPLY FROM THE RCMP BEFORE YOU CONTINUE

STEP 2: If you have additional convictions that Do Not appear on your Criminal Record then you must obtain Proof of Convictions for these missing convictions. See page 2

STEP 3: If your sentence was completed less than 5 years ago and/or you had any fines, costs, surcharges, restitution or compensation orders in the past 15 years, then you must obtain your Court Information. See page 3

STEP 4: If you are, or have ever been, a member of the Canadian Forces then obtain a Military Conduct Sheet or written confirmation of its non-existence. See page 4

STEP 5: Obtain Local Police Records Checks for each address where you have resided in the past 5 years. See page 5

STEP 6: If you were born outside of Canada and you are currently living in Canada then provide a copy of your valid Citizenship or Immigration Documents. See page 6

STEP 7: Complete and Sign the Pardon Application Form. See page 7

STEP 8: Obtain the $50.00 Canadian funds fee. Only certified cheques, money orders or bank drafts payable to the Receiver General for Canada will be accepted. See page 8

STEP 9: Send your completed and signed Application Form, with the Fee Payment and ALL documents to:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

STEP 1 – Obtain Your Criminal Record

A) Contact your local police to have your fingerprints taken.

The Fingerprint form must clearly indicate that you will be applying for a Pardon. A Criminal Record obtained for any reason other than for a pardon will not be accepted.

B) Send your Fingerprint Form and a certified cheque, money order or bank draft for $25.00 CDN, payable to the Receiver General for Canada to:

Civil Fingerprint Screening Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6362

C) WAIT UNTIL YOU HAVE RECEIVED YOUR CRIMINAL RECORD BEFORE YOU CONTINUE.

  • You may receive a Certification of No Criminal Record. If you do, you may use this instead of a Criminal Record when applying for a Pardon.

D) When you receive your Criminal Record from the RCMP, check it to be sure that all of your convictions appear on the record.

  • If all your convictions do appear on the record, go to Step 3 – Obtain Court Information.
  • If you have any criminal convictions which do not appear on your Criminal Record, go to Step 2 – Obtain Proof of Conviction.

If the RCMP indicates that you do not have a criminal record, your convictions will not be on the Canada-wide system. Call the National Parole Board for advice on how to proceed at 1-800-874-2652.

STEP 2 – Obtain Proof of Conviction

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE THE NATIONAL PAROLE BOARD WITH A RECORD OF ALL CONVICTIONS THAT DO NOT APPEAR ON YOUR CRIMINAL RECORD. FAILURE TO DO SO WILL RESULT IN CONVICTIONS NOT BEING PARDONED OR MAY RESULT IN THE LOSS OF YOUR PARDON.

You must obtain a Proof of Conviction for each conviction you have that does not appear on your Criminal Record.

Contact either the court where the case was heard or the police service that arrested you and request that they provide you with a Proof of Conviction.

Your Proof of Conviction must include:

  • the date and court where you were sentenced
  • the offence for which you were convicted
  • the sentence you received

If neither the court nor the arresting police service has a record of your conviction, obtain this fact in writing and contact the National Parole Board for assistance at 1-800-874-2652.

Note: The police and court may charge a fee for this service.

STEP 3 – Obtain Court Information

COURT INFORMATION FORM

Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?
If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by, any other name, check NO and proceed to Question 3.

Pease Do Not Write in the
FOR COURT USE ONLY
Section of this form

If any of your sentences were completed less than 5 years ago and/or you had fines, costs, surcharges, restitution or compensation orders in the past 15 years, then you must obtain Court Information for each of these sentences. If you were sentenced in more than one court, you will have to contact each court separately for your court information. You may need more than one copy of this form, so please make copies before filling it out.

A) Fill out Section A and Section B of the Court Information form provided on the next page.

B) Contact the court where the case was heard. Provi de them with a copy of your Criminal Record and request that they complete the For Court Use Only section of the Court Information form.

  • If the court has a record of a conviction that does not appear on your Criminal Record, request that they provide you with a Proof of Conviction. Go to Step 2 – Obtain Proof of Conviction.
  • The court must sign and include their official seal or stamp on the form. If the Court does not sign and include their official seal or stamp, your application will not be accepted.

Note: You are only eligible to apply for a Pardon if it has been 3 years since you completed all of your sentences for Summary Convictions, or 5 years since you completed all your sentences for Indictable Convictions. “Completed your sentence” means that you have paid all fines, costs, surcharges, and made restitution or compensation, and completed any order of probation, conditional sentence, and incarceration (which includes time on parole and statutory release).

If the court indicates that your conviction was tried as an Indictable Offence and it has not been five (5) years since you completed your sentence, then your application cannot be processed at this time.

STEP 4 – Obtain Military Conduct Sheet

IMPORTANT

Your request for your Military Conduct Sheet must include the following:

  • Family name and given name(s);
  • Name used at the time of service, if different;
  • Date of birth;
  • Military ID / Service number;
  • Reason for the request (a pardon application);
  • Your signature.

If you have never been a member of the Canadian Forces then go to to STEP 5 – Obtain Local Police Records.

IMPORTANT: You must include all correspondence from your Commanding Officer, National Defence or National Archives with your Pardon Application.

Present Member of the Regular or Reserve Forces

  • Request a certified, signed and dated copy of your Military Conduct Sheet from your Commanding Officer.
  • If you have no Military Conduct Sheet then provide a letter from your Commanding Officer confirming this.

Former Member of the Regular Forces

  • If you left the Regular Force within the past 5 years, request a copy of your Military Conduct Sheet, or proof that this document does not exist from:

DMCARM 4
101 Colonel By Drive
Ottawa ON K1A 0K2

  • If you left the Regular Force more than 5 years ago, request a copy of your Military Conduct Sheet, or proof that this document does not exist from:

Personnel Records Unit
National Archives of Canada
395 Wellington Street
Ottawa ON K1A 0N3

Former Member of the Reserve Forces

  • If you left the Reserve Forces within the past 3 years, request a certified, signed and dated copy of your Military Conduct Sheet, or proof that this document does not exist, from the Commanding Officer of your last posting or unit.
  • If you left the Reserve Forces more than 3 years ago, request a copy of your Military Conduct Sheet, or proof that this document does not exist from the Personnel Records Unit at the National Archives at the address listed above.

NOTE: IF YOU ARE A CURRENT MEMBER OF THE MILITARY THEN A MILITARY CONDUCT SHEET OR LETTER FROM YOUR COMMANDING OFFICER IS ONLY VALID FOR SIX MONTHS FROM THE DATE IT IS ISSUED.

STEP 5 – Obtain Local Police Record

LOCAL POLICE RECORDS CHECK FORM

Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?

If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by, any other name, check NO and proceed to Question 3.

Clarification for Question 8

What Local Addresses Have You Lived at in the past 5 Years?

Write the address for each place you have lived in the past five (5) years, including when you lived at that address (From what year and month To what year and month). If you require more space please attach a list of additional addresses. Be sure to include your current address.

Clarification for Question 9

You must read the authorization and sign and date the form.

Please Do Not Write in the FOR POLICE USE ONLY Section of this form

You must have a separate Local Police Records Check for where you currently live and for each address you have lived at for 6 months or more in the past 5 years. You may need more than one copy of this form, so please make copies as required before filling it out.

A) Fill out Section A, Section B and Section C of the Local Police Records Check form provided on the next page.

B) Contact the local police service for each address you have lived at in the past 5 years. Provide them with a copy of your Criminal Record and request that they complete the For Police Use Only section of the Local Police Records Check form.

  • If you are not sure which police service has jurisdiction over where you live, contact the nearest police service and inquire.
  • You must show a current photo ID and one other piece of identification when requesting this check in person. If mailing your Local Police Records Check form to the police, we suggest you contact them first to ask if a photocopy of your identification is acceptable.
  • The police must sign, date and include their official seal or stamp on the form. If the police do not sign and include their official seal or stamp, your application will not be accepted.
  • The police may charge a fee for this service.

If you live or have lived outside Canada within the past five years for a period of more than six months then you must obtain a local police check from the police service that has jurisdiction. If the local police that has jurisdiction in that area cannot or will not complete the Local Police Records Check form, we will accept a signed letter from them stating that you have been of good conduct.

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE A RECORD OF ALL NAMES YOU HAVE BEEN KNOWN BY AND LOCAL POLICE RECORDS CHECKS FOR EACH ADDRESS YOU HAVE LIVED AT IN THE PAST FIVE YEARS. FAILURE TO DO SO WILL RESULT IN YOUR APPLICATION BEING RETURNED.

PLEASE NOTE: A LOCAL POLICE RECORD CHECK IS ONLY VALID FOR SIX MONTHS FROM THE DATE IT IS ISSUED.

STEP 6 – Provide Citizenship or Immigration Documents

IMPORTANT

EXPIRED DOCUMENTS ARE NOT ACCEPTED

IF YOUR IMMIGRATION DOCUMENTS EXPIRE WHILE YOUR PARDON APPLICATION IS BEING PROCESSED, YOU MUST PROVIDE THE NATIONAL PAROLE BOARD WITH AN UPDATED COPY.

FAILURE TO DO SO WILL RESULT IN THE PROCESSING OF YOUR APPLICATION BEING DELAYED.

If you were born in Canada or you are not currently living in Canada, go to to STEP 7 – Complete the Pardon Application Form.

If you were born outside of Canada and you are currently living in Canada, then you must provide a copy of your official and valid Immigration documentation.

If you are in Canada with no immigration status, (i.e. your admission to Canada is dependant upon receiving a pardon) you must provide a copy of official documentation confirming this.

STEP 7 – Complete the Pardon Application Form

  • You must use the Pardon Application form provided on the next page.
  • Complete all Sections on both pages of the application form.
  • Print in block letters using blue or black ink.
  • Read the authorization on page 2 of the Pardon Application form. Sign and date the application. Please note that the Pardon Application must be signed by the applicant only.

IMPORTANT

Answer all questions. Incomplete applications will not be processed and will be returned to you.

KEEP a copy of your application and all documentation for your reference.

MAKE A NOTE of the Pardon Application Reference Number. The Pardon Application Reference Number is found in the upper right-hand corner of the Pardon Application form. This number is required when contacting the National Parole Board about your pardon application.

PARDON APPLICATION FORM

Page 1 Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?

If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by any other name, check NO and proceed to Question 3.

Clarification for Question 5

Were You Born in Canada?

If you were born in Canada, check YES and skip to Question 6. If you were not born in Canada check NO. If you were not born in Canada, and you are currently living in Canada you must provide a copy of a valid Immigration or Citizenship document. Expired documents are not accepted. If your document is due to expire within 6 months of applying for your pardon you must provide the National Parole Board with an updated copy as soon as you receive it. See STEP 6 for more details.

Clarification for Question 8

What is Your Mailing Address or the Address of Your Representative?

Write the address where you want the National Parole Board to send all correspondence. This can be your home address or the address of a Representative if you have chosen to have one.

Clarification for Question 10

What Addresses Have You Lived at in the Past 5 Years?

Write the address for each place you have lived in the past five (5) years, including when you lived at that address (From what year and month To what year and month). If you require more space please attach a list of additional addresses. Include your current address as well.

You Must Complete Both Sides of the Application Form

PLEASE NOTE: A PARDON APPLICATION FORM IS ONLY VALID FOR ONE YEAR FROM THE DATE IT IS SIGNED BY THE APPLICANT.

CHANGING YOUR ADDRESS?

Please keep us informed of your new mailing address. Send a letter with your name, your Pardon Application Reference Number and the new address to the National Parole Board. The change of address letter must be signed by the applicant only.

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE COMPLETE AND TRUTHFUL ANSWERS TO ALL QUESTIONS IN THIS APPLICATION.

ANY FALSE OR MISLEADING STATEMENTS AND/OR THE WITHHOLDING OF ANY INFORMATION MAY RESULT IN YOUR APPLICATION BEING DISCONTINUED OR THE LOSS OF YOUR PARDON AT A LATER DATE.

PARDON APPLICATION FORM

Page 2 Question Clarifications

12. Can We Speak with Someone Else About Your Application?

  • If there is someone else we can speak to about your application, such as a family member or friend, check YES and write the name of this person and their telephone number.

Section D. Military Service Information

13. Have You Ever Been a Member of the Canadian Forces?

  • If you have never been a member of the Canadian Forces, check NO.
  • If you are a current member (either Regular or Reserve), check YES – CURRENT and write your Military ID or Service Number and the name and address of your unit. We may contact your Commanding Officer.
  • If you are a former member (either Regular or Reserve), check YES – FORMER.

Section E. Additional Conviction Information

14. Do You Have Any Convictions that Do Not Appear on Your Criminal Record?

  • If you have no convictions other than those on the Criminal Record that you obtained from the RCMP, check NO and complete Section F – Authorization.
  • If you have additional convictions, you must check YES and for each conviction, write the offence for which you were convicted, the number of counts for which you were convicted, the name of the arresting police service, the sentence you received, the date you were sentenced, and the name and address of the court where you were sentenced (street address, city and province).

Section F. Authorization Information

  • You must read the authorization and sign and date the form. Please note that the application must be signed by the applicant only.

STEP 8 – Obtain the $50 Processing Fee

Be sure to include the $50.00 processing fee with your application, payable to the Receiver General for Canada. It must be in the form of a certified cheque, money order or bank draft. A personal cheque will not be accepted.

STEP 9 – Send Your Application

  • Take note of the personal reference number located in the upper right-hand corner of your application form. If you need to contact the National Parole Board for any reason, you must provide your reference number to obtain information.
  • Be sure to keep a copy of all your application documents.
  • Send your completed, signed application form, along with the fee and all documents to:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

APPLICATION CHECK LIST

IMPORTANT

IF YOU DO NOT PROVIDE THE REQUIRED DOCUMENTATION AND CORRECT FEE, YOUR APPLICATION WILL NOT BE PROCESSED AND WILL BE RETURNED.

Make sure that you have all the required documents.

  • → Criminal Record from the RCMP.
  • → Proof of Conviction Documents (if you have convictions that are not on your Criminal Record from the RCMP).
  • → Court Information form (if you have any payment order within the past 15 years AND/OR if your sentence was completed less than 5 years ago).
  • → Military Conduct Sheet (if you are, or have been, a member of the Canadian Forces).
  • → Local Police Records Check(s).
  • → Citizenship or Immigration Documents (if you were not born in Canada, and are now living in Canada) Both pages of the Pardon Application form completed, signed and dated by the applicant only.
  • → The $50 CDN Fee (ONLY certified cheque, money order or bank draft, payable to Receiver General for Canada).

About Michael Ashby

110 Comments

  • Alexandru Pozna says:

    The only problem is I have no ideal what kind of Pardon I need, 12 years ago I ask for refuge status, my status was refused, the immigration ask me to leave the country, I left the country but the only problem is I came to USA without the board patrol been check me out and I never been checked out from the immigration list. I want to come back to Canada and probable I need a Pardon or I have no ideal what I need. Can you help me please, I also know about 5-6 years ago the Canadian computers been shoing a warrant on my name, I dont know if is still . Thanks for any information. Also I am living in Atlanta, USA, ph: 6789887245

  • Alexandru Pozna says:

    The only problem is I have no ideal what kind of Pardon I need, 12 years ago I ask for refuge status, my status was refused, the immigration ask me to leave the country, I left the country but the only problem is I came to USA without the board patrol been check me out and I never been checked out from the immigration list. I want to come back to Canada and probable I need a Pardon or I have no ideal what I need. Can you help me please, I also know about 5-6 years ago the Canadian computers been shoing a warrant on my name, I dont know if is still . Thanks for any information. Also I am living in Atlanta, USA, ph: 6789887245, or u can email me at a1europeanremodeling@yahoo.com

  • Michael Ashby says:

    If you have a warrant out for your arrest you will need to take care of that before a pardon can be considered. Seeing as you are out of the country I am really not sure how you would go about that. I suspect you should contact a defense attorney. Unfortunately this is not my area of expertise and I am not qualified to advise you beyond this information.
    I hope this works out for you. Please let us know how it goes and if it turns out there is no warrant and you want to pursue a pardon we would be very happy to help.
    Michael

  • tom says:

    I’m not part of national pardon nor am I a lawyer (just a normal guy). Definitely I agree with Michael to contact a lawyer. There are probably many cases similar to yours, and going to Canada without first clearing the warrant may land you in jail and exported out of Canada and USA. Computer information are kept an awful lonnnnggg time, and I would not hope. The punishment for what you did may not be severe, a fine may get you off. But definitely find out what the worst case is before going to Canada!

  • Constantin says:

    f-it! Don’t believe what you read here! They probably erased it already. Just sneak into Canada and pretend nothing happened! They just want your money here.

  • Michael Ashby says:

    It seems Constantin didn’t read the post or of the comments. I am not sure how I could be after Alexandru’s money when I advised him to go to a lawyer. At any rate “sneaking” in anywhere is sure to land you in trouble, especially when you are dealing with international borders.

  • Juliet Dormer says:

    Michael, if it is important to you for you to clear your name then consult with a lawyer..follow the steps they suggest and get things under control, it’s your life. Everyone has a right to their freedom….Good luck.

  • sheri says:

    my brother made a stupid mistake involving a minor and did 4 months in jail, if he gets a pardon will he be allowed into the USA?

  • Larry says:

    Sheri…seeing as how my last post was deleted about a Canadian pardon, i will answer your question…the answer is MAYBE…it all depends on the person that takes your or his passport. I recently tried crossing over with my wife this past weekend and never made it . A Canadian pardon is NOT recognized by the U.S.A. do not let anyone tell you different….I have had my pardon over a year…and i have not been in any trouble in over 25 years…It is a useless piece of paper if you think it helps in crossing into the U.S. Look into getting a waiver..and still be cautious about that..Both may be a waste of time and money. Hopefully you and others read this before it is pulled again…best of luck to your brother.

  • Michael Ashby says:

    Shari. I am the Director of the National Pardon Centre and while it is true that Americans do not recognize pardons it is not a useless piece of paper. I would not suggest accepting the advice of this commenter. His pervious post was deleted for inappropriate content. If you would like someone to explaint the border clearly give me a call. I can be reached at ext 227.

  • Sonia says:

    I have an old theft under charge from 20 years ago that I never dealt with. I did not go to my court date and basically just went on to live a crime-free life. I checked with the local police and they said they see a conviction of theft associated with my name but no warrant. Does that mean I was charged even though I did not show up in court? And how does that affect me if I want to get a pardon?

  • Birgit Davidson says:

    Hi Sonia,

    It is hard for me to comment without knowing the details of your case. If the police see a conviction, and if this is the only legal trouble that you have had, then it sounds to me like you were convicted in absentia. Are you still living in the same city as you were when you were charged?

    Please call me at 1-866-242-2411 or email me at bdavidson@nationalpardon.org so that we can discuss the details privately.

    Kind Regards,

    Birgit Davidson
    Regional Director

  • Jim says:

    Hi,
    Back in 1994 I was charged with DUI. Even tough the charge was unfair, unfortunately at the time I could not afford to appeal the case. I was even told that I would not have any record if I just plead guilty.
    Sadly this past summer driving down to NYC like I always do I was pulled over for the first time for a routine check up. When I was asked if I was ever arrested I answered no just like I have always done and I have traveled all over the world since the incident. The border guard told me that I actually was but no big deal. My question is, can this embarrassing charge ever disappear?

  • Hi Jim,
    The problem is that you were misinformed when you went to court. A DUI does in fact come with a criminal record but the good news is that the charge of DUI is normally ok with American border guards. I would suggest, however, travelling with court documents to prove the nature of the offence especially if you decide to pursue a pardon in the future. If you would like us to handle your application simply hit the Apply Online button at the top of the website. Or you could also give me a call at 866-242-2411 x 227. Best Regards, Michael

  • louis says:

    hi if I apply for a pardon they want to know all the arrest info but its been 20 some years and I was at the time heavy into drugs and booze and i dont remember the dates and places I have been clean and sober since then but a lot of my past is in a fog so I dont know what to do when they ask for the info. I have changed my life for the better and I dont want to die with a record hanging over my head so what can i do about it.

  • Hi Louis,

    You don’t need to worry about the details. If you have an idea it helps us out a bit but if not we will determine everything for you. I would just go ahead and apply and let us worry about the details.
    Best regards,
    Michael

  • Jared Gushattey says:

    I have a conviction for cultivation of marijuana from 2008. I am wondering what are the chances that i would get approved for a waiver ? Also am i unable to fly to europe through american connecting flights at this time as well?

  • I have little doubt you could receive a waiver. My first question however would be to ask if you have ever been refused entry at the border. As for Eurpoe it is not a problem but please don’t fly through the USA. At the moment you could be eligible for a pardon this year but with the new crime bill that could easily change to 2 years from now. If you decide to take a shot and get your file in beforet he laws change I would strongly suggest getting it going ASAP.

  • Andie says:

    I was heavy into drugs a while back and I was charged with several offenses. Do I do a pardon application for each? Does a pardon clear ALL charges? Also does the waiting time start at the time i get out of jail because I got out early on good behavior. What can I do to stop the government for changing the laws on waiting time??? I have completely changed my life in the last 3 1/2 years. I have gotten a college diploma and am in university. Unfortunately I still need to wait a few more years. What I did was a mistake and I continue to pay for it every time I try get a decent job :(

  • Hi Adnie,

    There is not much anyone can do to get the government to decide not to change the laws I’m afraid. As for your elgibility you might want to read the following page from our website regarding pardon eligibility:
    https://www.nationalpardon.org/NPC_pardoninformation.html
    The good news in all of this is that one pardon application will remove all charges. But you will have to wait until you are eligible. As for your frustration in getting a job I completely understand. I actually wrote an article on just that topic which will be appearing in the Toronto Star next week. If I could make this government see this issue clearly I would but they have an agenda and don’t seem open to discussion. Good luck to you in your job hunt.
    Best regards,
    Michael

  • Alex Pozna says:

    Hi, I have a question. I lived in Canada from 1998 to 2000 ( for two years), my refugee status wasn’t accepted, They asked me to leave the country in a certain time, I left the country to USA with out a border control. After ten years I asked them to take me out from the computer that I am not in Canada from the year of 2000, what i did already. My question is if I have to ask for any PARDON or I can go to Canada without any problem? if I have to ask for the PARDON in that case what kind of PARDON I have to ask.

  • I don’t normally deal with people wanting to enter Canada but from the soudns of it you haven’t done anything that would ban you. I would suggest calling Canadia Border Security Agency (CBSA) and inquiring there about your status.

  • James Go says:

    Hi, I had been in Toronto, Canada from 1996 to Feb, 2009. I have been convicted 3 times while I was studying and work:

    Impaired Driving and over 0.80 in 2001 – paid fine
    Impaired Driving and over 0.80 in 2008 – 14 days jail
    Driving under suspension in 2009 – paid fine

    Now, I am in Asia and want to get pardon Canada to apply for permanant immigration permit. I do not have any criminal recorde other than above in any other countries. I am wondering if you can handle all process of it as my representative. And can I do fingerprint thing oversea?

  • Alex Pozna says:

    Do you have any phone number for Canadia Border Security Agency (CBSA) so I can call them and ask about my status????
    Thanks

  • Birgit Davidson says:

    Hi Alexa,

    I don’t have a phone number but your may be able to find something through their website: http://www.cbsa-asfc.gc.ca/

    Birgit

  • Birgit Davidson says:

    Hi James,

    We can absolutely handle your pardon application. We have many clients who live overseas.

    You can apply through our website by clicking the “Apply Online” button at the top of the page. Please feel free to email me at bdavidson@nationalpardon.org if you have any questions!

    Birgit

  • Alex says:

    Hi,
    If I got deportation from USA and I got 10 years interdiction to enter in USA, Can I ask for a pardon and re enter in USA? ( I have my daughter living and born in USA, she is 8 year old, I lived in USA for 11 years illegally, had a business, life, house, cars, wife, etc ). Or can you tell me any possibility to I can enter in USA.
    Thanks

  • Birgit Davidson says:

    Hi Alex,

    If you have been deported, you will have to apply for permission to reapply for admission and, depending on the reasons you were deported, may require a waiver of some sort. A pardon will not allow you to re-enter the USA.

    The circumstances surrounding this type of case are complex. I suggest you speak with an attorney.

    Best,

    Birgit

  • Joe says:

    Hello,

    I have been arrested and charged but the charges were later dropped. I have no convictions. However your website says that if I am simply arrested I have a criminal record…

    What do you mean and how to get rid of charges from ever being seen by anyone? I am told if someone calls the justice palace they can find out if i was ever even charged with something…

    What procedure can I do to make sure no arrests or charges appear anywhere about me?

    Thank you,

  • Sebastian says:

    In 1998 I was stopped in Nova Scotia by police for driving w/o headlights. I had been drinking and failed the breathalizer test. I was taken down to the local police station, had my picture taken, but not fingerprinted. I was released a couple of hours afterwards, and appeared before a judge where I pled guilty and paid the fine. I live in Ontario now, and wish to get a pardon, however my understanding is that the first step is an RCMP fingerprint report. If I wasn’t fingerprinted when I was held at the police station, how will my record be found via fingerprinting?

    Thanks.

  • Hi Sebastien.

    It doesn’t matter if you were fingeprinted during the arrest everyone needs to get non-criminal prints done when applying for a pardon. Even if nothing is on file with the RCMP we have to have certified prints. If you would like to discuss your case with me on the phone I can be reached at 866.242.2411 x 227
    Best regards,
    Michael

  • Birgit Davidson says:

    Hi Joe,

    If you have been fingerprinted, then you have an identification file out there somewhere. There is also a record of your arrest and of any court appearances that you or your lawyer made. You are absolutely right that the general public can perform searches at Quebec court houses and that this information could be used against you.

    The good news is that it is possible for us to request a file destruction with the arresting police agency and with the court house so that this information will not affect you negatively.

    Please contact us by phone at 1-866-242-2411 to discuss the details of your case.

    Birgit

  • frank says:

    i have an assult conviction when i was 17 yrs old i am 40 now .
    i was arrested again for a USA warrant and i excepted extradition to face my charge .
    i took a guilty plea for drugs in the USA .served 6 years and i am back in CANADA .
    i was told that my conviction in the USA would not appear in canadian records.
    does a criminal record only show convictions in canada ?will my USA record show?
    or does it also show my arrest history.
    i am looking for a job over seas and all i need is a clearance letter.
    does a clearance letter only show convctions or also arrest history?
    the country i am looking to work in won’t mind a minor assult convction when i was a minor but
    i don’t think they will allow drug charges.so if i don’t have to devulge my USA record i would rather not.
    please help i am in a tough income situation and i have a good opportunity
    over seas

    thankyou for your time

  • Alex Pozna says:

    If I go to Canada like a tourist, it’s possible that the Canadian immigration can find out that I was deported from USA and not let me in in Canada? Or in the Canadian computers they will shoe my USA criminal records or not? or my deportation from USA? it’s a different country but who now’s.
    Thanks for the advise

  • frank says:

    does anyone have any answers to my previous question

  • Birgit Davidson says:

    Hi Frank,

    Information on your extradition MAY appear on your Canadian criminal record. I have seen it appear in the past but have also had clients in your situation whose records bore no mention of their extradition. The only way to know for sure is to request and RCMP fingerprint based record check.

    The good news is that a pardon seals all of the adverse information on your Canadian record.

    How long ago were you incarcerated in the US? You should be aware that many foreign governments request background checks from every country that you have resided in over the past 5-10 years…

    Birgit

  • Birgit Davidson says:

    Hi Alex,

    Canadian border authorities CAN see your record of US convictions and will refuse you entry at the border because of it. You will have to apply for a Temporary Resident’s Permit or for deemed rehabilitation if you wish to enter Canada. You should contact Canada Border Services Agency for additional information.

    Birgit

  • Alex Pozna says:

    If I have my name changed? still can find you?

  • Danny says:

    Hello,

    I was arrested twice in 1999 and 2004. Both cases were dropped.

    On my first arrest in 1999 my lawyer requested the fingerprint be erased and my file destroyed, and at the quebec court he applied to seal my file so it doesn’t cause me prejudices.

    In 2004, my 1999 arrest and charges were included in the file opened in 2004. If they were destroyed why they re-appeared?

    same process was done for the second arrest in 2004 to destroy file and to seal the file at the court. But can anyone still see my previous arrests even if police said file destroyed and court sealed the file?

    Thank you,

  • Birgit Davidson says:

    Hi Danny,

    When files are properly sealed with the courts and police, they can still be used against you if you re-offend (even pardoned files can be re-opened if a person gets arrested again).

    File purges and destructions and requests to seal court records are essentially designed to prevent a person from being discriminated against by potential employers but they will not allow a person to re-offend without consideration of their former actions.

    Regards,

    Birgit

  • Danny says:

    Hey Birgit,

    But they are not my “former actions”, they are my former arrests which were baseless and why the charges were dropped.

    So if i’m simply arrested & falsely accused, then charges are dropped; it will hang over my head forever?

    p.s: when you say files properly seeled with courts and police, so the police doesn’t destroy your file do they? they simply seal it?

  • Birgit Davidson says:

    Hi Danny,

    Unfortunately, it is my understanding that the police never actually destroy anything. They will seal files so that the public cannot access them but they will not detroy them outright.

    I completely agree that this is unfair for people who have been falsely accused.

    Birgit

  • Danny says:

    Well. For a national pardon centre that seems to do lobbying as well as assisting individuals, that seems like a worthy cause to pursue.

  • Birgit Davidson says:

    Danny,

    We are a small not-for-profit organization and, unfortunately, have to pick our battles. We have been directing our energy toward fighting Bill C10.

    Birgit

  • Tee says:

    Hi
    I have an outstanding warrant of a stupid incident that happened 12 yrs ago, does anyone know if I would be eligible to get a pardon and a waiver?

  • Birgit Davidson says:

    Hi Tee,

    You need to contact the authorities and deal with the warrant before we can proceed with either file. Please contact us once you are finished in court!

    Good Luck,

    Birgit

  • Birgit Davidson says:

    Tee- to clarify: you may want to contact a lawyer BEFORE you contact the authorities ;)

    Birgit

  • laura says:

    If I have an conviction of threathening an officer and have never crossed the border would a pardon work.

    I would love to take my kids to Disney world and would hate to be held up.

  • Jess says:

    Hi,

    I can’t seem to find any information on this no matter how many ways I type it into google: if someone legally changes their surname (marriage, or otherwise), will it affect the process of receiving a pardon that has already been applied for? Will a whole new application have to take place? Or can you simply just not change your name until after a pardon has been granted…? Or ___(insert other answer here)____? Any insight on this will be grately appreciated. Thanks.

  • Hi Jess,

    You are unlikley to find any informtion on that. I would strongly suggest you do not apply for a name change until after the pardon has been granted otherwise you are just complicating an already difficult process. Once the pardon was complete I can’t see any reason why you could not apply for a name change without any difficulties arising. If you require more information you should probably contact the Parole Board of Canada as I have never heard of this particular problem coming up before.
    Michael

  • Brent says:

    To Anyone who can help,

    I was arrested and convicted of theft over 5000 10 years ago. I finished my prrobation without any issues,and havent been in any trouble since. I would like to get a pardon,but am concerned because I never made restitution to the insurance company of the dealership I defrauded of 18,000. Can I still get a pardon,or must this money be paid back first.

    Thanks,
    B

  • Birgit Davidson says:

    Hi Brent,

    According to the Criminal Records Act, you have to finish paying your restitution and then wait the required period before you become eligible for your pardon. It sounds to me like this was an indictable offence so unfortunately, under the provisions of Bill C10 which was passed in the House of Commons yesterday, it looks like there will be a 10 year wait after you complete your restitution before you become eligible for your pardon.

    Birgit

  • Chris says:

    Hello, I had a D.U.I. charge about 10 years ago. I still have fines outstanding on this D.U.I. charge. I plan to pay them in the next few days. Will I be required to wait for 3-5 years in order to apply for a pardon? Or will I be able to apply right away after the fines are paid? I was convicted over 10 years ago.

    Thank you in advance.

  • Birgit Davidson says:

    Hi Chris,

    DWI’s are normally summary so I will assume that you will be eligible 5 years from the date you pay your fines. There is nothing preventing us from getting the ball rolling on your application once you have settled things with the court but we will not be able to submit your application for approval until the 5 years have passed.

    Birgit

    • Chris says:

      Thank you for the reply,

      It’s such a vicious cycle. I have lost 3 jobs now due to my criminal record, a DUI from 10 years ago. How can one possibly get out of the hole if we cannot hold a job due to our criminal record, and we need a solid job to get rid of the criminal record. It’s very unfair. It’s almost like the courts do not want me working.

      It just boggles my mind that in 2001 I drank 4 beers and drove to McDonalds and it’s preventing me from getting any sort of reliable job in 2012. The only places that will give me work are the temp agencies where I do the exact same work as the guy standing next to me who makes double my wages.

      It’s becoming very depressing not seeing anything EVER getting better when I’ve only ever made 1 mistake.

  • Chris says:

    Im actually also curious if there would be a warrant for my arrest in Ontario for the unpaid fines. You think id go to jail when i go to pay the fines? I cant seem to find any answers without having to pay money i cant afford to a lawyer.

  • Hi Chris,

    It is tough these days with so many employers requiring background checks. That being said, not all employers require (even some major corporations do not require screenings) so don’t give up hope.

    It is possible that a warrant exists but I seriously doubt it. Eventually, the courts just write you off. To be clear: being written off does not negate the fact that you have to pay the fine in order to receive yoru pardon. If you are curious, you could simply call the arresting police force or the court that you dealt with in Ontario and they would be able to tell you.

    Birgit

  • GT says:

    Hi,

    I was convicted of an indictable offence over 20 yrs ago now. I had some summary convictions prior – 20+ yrs ago.

    As a part of my sentence for one of the previous offences, i was placed on probation and one of the conditions of my probation was to make restitiution. I completed all the probation requirements including the restitution (2payments of $500 each) and was done, or so I thought.

    About three years ago I went to pay some o/s traffic fines and they told me their cpu also showed me owing $500 in restitution from 1989. They then directed me to the criminal courthouse, not the traffic one, to get somee resolution.

    I spoke with a supervisor who told me, long story short, if i ever wanted to get a pardon i would have to pay the $500. I called the local police (where the original offence happened) they couldnt help. I asked the courthouse supervisor to contact the probation office they wouldnt do that. I even asked them to contact the victim who already got the restitution 18-19 yrs earlier (not that he would have supported my clam), no luck.

    Anyways as completely unprincipled as it was, i paid the money not knowing what else to do to fight it and definitely wanted to pursue my pardon at some point.

    Jump forward almost three years to now and I am hearing differing views on m y situation. Some have said I shouldnt have paid it because now it will create a longer waiting period – others said it doesnt matter because those fines were 15+ yrs old.

    Im prepared to swallow the loss of the extra$500 esp if I can still rescue my pardon asap. I have my own business so i dont need it for work but it is a growing deal-breaker for me to be able to coach my kids’ various sports teams or to even go on school field trips.

    frustrated, like others.

    GT

  • Hi GT,

    Prior to 2010 we did not have to provide proof of payment for fines and restitutions that were issued more than 15 years ago. That changed when Bill C23A passed. We must now provide proof of payment for ALL fines and restitutions, regardless of how old they are.

    The first thing we need to figure out was who the restitution was payable to (the victim or the victim via the courts). If it is the latter (and it sounds to me like it is), then unfortunately the Parole Board is going to believe whatever the courts tell them.

    If you are able to track down the victim and obtain a letter from him or her stating that the restitution was paid 20 years ago (I do realize that this is probably easier said than done) then the courts may adjust their records accordingly. Were you dealing with a private individual or a company (companies are normally much easier to deal with in these matters).

    Aside from that, I’m afraid there isn’t much that can be done in these cases.

    Please feel free to call me at 1-866-242-2411 x106 to further discuss this.

    Birgit

  • Annette says:

    Hello,

    I was involved in a Domestic Dispute in 2008 and was charged with Assault for protecting myself from the other person’s harm. I was given a Conditional Discharge for which I had conditions to follow for 12 months. Those conditions were to agree to visit a Probation Officer once a month for 12 months, and to keep the peace, and refrain from having alcohol in the home. Well 8 months into that Probation Order, my husband and I were having an argument over money and because of our raised voices, the neighbors in another apartment called the Police. When Police arrived and asked what was happening, after giving our names, they discovered that I was in fact under a Probation Order. One of the Officers, noticed that there was beer in our fridge, and I ultimately was arrested for Breaching the Probation Order that was in place. It has been almost 4 years since the original charge was placed, and I have not had anything else happen since then. My husband and I no longer consume alcohol and are leading a better way of life now. My problem now, is that I am unemployed and finding it extremely hard to find suitable employment due to me having a Criminal Record. I am eligible to apply for a Pardon as of June 11th, 2012, but cannot afford the $631.00 to pay for it, especially with no income. I want to clear my name, and seek so badly needed employment. Can you please offer any advice on what I can do to achieve success in getting my Pardon? Thank you very much.

    Annette

  • Birgit Davidson says:

    Hi Annette,

    I think you may be a bit off in your calculation of your eligibility date. If you received the breach sometime in 2008 then you would not be eligible for your pardon until at least 2013 as the laws have changed and there is now a 5 year wait from the completion of your sentence before you can apply. You will also only need to pardon the breach as the discharge should have already purged.

    Unfortunately, there is no surefire way that I know of to avoid paying the $631 government fee. I’m not sure where you live but I spoke with one woman whose pardon was being sponsored by Ontario Works so that may be something worth looking into.

    Good luck!

    Birgit

  • kim says:

    Hi,
    I was charge for fraud under in 2009, i was given a honourable discharge on June 2009, i paid restitution, an was given community service, an probation, i finished all of that an hasn’t been in trouble since, i applied for an us visa in 2010 an was denied, can i now apply for a pardon?

  • Birgit Davidson says:

    Hi Kim,

    Do you mean that you were given a conditional discharge in 2009? An honourable discharge is a military term and means something different…

    If you received a discharge, we will need to apply for a purge and file destruction rather than a pardon. We can only pardon convictions.

    If your main priority is crossing the border, then you may wish to try for another waiver. Your chances of being approved increase as time goes by.

    Birgit

    • kim says:

      Hi John,
      I was giving 1year probation, pay restitution, an community service, from what i understand, if i don’ get finger printed then it doesn’t show up, an after 3years i can have the record seal so it doesn’t show even if I get printed, so am not sure, i want to cross the border, but i also want to make sure it seal as i know this can affect me getting a job in the future.
      So what’s your best advice at this point.
      Thanks

  • John says:

    Hello,

    I was convicted on 4-5 counts of B&E in approx 1982 ( got waay to drunk in my youth and went shopping when a mall was closed – oops), served parole and have no idea if my records are still even on file. Even though it was 30 years ago, do I still follow the same pardon application procedure or are there statutes of limitation for very old offenses?

  • Michael says:

    Hi John,

    We see a lot of drunken shopping mall incidents around here so not to worry. You aren’t alone. The process will be the same for you as for anyone else. You would have to have been convicted of more than three seperate offences and spent a total of more than 8 years in prison to be disqualified. It doesn’t sound like that is the case here. We would be happy to help you with your pardon and since it’s the slow season I can take $50 off our expedited service if you apply online. Just mention it in the comments when you apply (use the big red button at the top of the blog).
    Best regards,
    Michael

  • Birgit Davidson says:

    Hi Kim,

    It sounds to me like you are referring to a conditional discharge. You have to be very careful with these as the arresting police may not seal their records after the 3 year period expires. You will have to request a purge and file destruction. We can help with that if you like.

    If you were fingerprinted at the time of your arrest then the discharge will appear on CPIC until your 3 year period is up. If you were not fingerprinted then the charge may not appear.

    Personally, I would not attempt to cross the border until I had confirmation from the arresting police that the file has purged.

    Birgit

  • courtney says:

    how would you go about getting a file purge and file destruction?

  • Birgit Davidson says:

    Hi Courtney,

    The purge and file destruction is done by submitting a written request (and possibly a payment) to the arresting police force and to the RCMP.

    Kind Regards,

    Birgit

  • courtney says:

    and that would be if charges were layed but then dismissed through the courts?
    i was charged a few years ago for defending myself from my ex, and when i went to court they said all i had to do was attend counseling basicly the counceller said i should have never been charged for defending myself from someone abusing be and the charges were dismissed, but now going back to school for nursing I find out that it is showing up against me?

  • Birgit Davidson says:

    Hi Courtney,

    Yes, the purge and file destruction is what is required if you are charged and then have the charges dismissed through the courts.

    Anytime a person is arrested, a formal record is created. As long as that record exists, it can come back to haunt you.

    Birgit

  • Sara says:

    Can I start to apply for a pardon two years after I have paid all fines and finished my probation? This was for dangerous driving.

  • Birgit Davidson says:

    Hi Sara,

    We can start the application process at any time, we just can’t send it in to the government until the 5 or 10 years has elapsed. It can a long time to put an application together so I always recommend starting early!

    Birgit

  • Don D. says:

    Hi! In 1995 someone raped my ex, I put him in the hospital. (I am neither proud nor ashamed of it). I did it & so accepted my punishment. I was convicted with break and enter & assault. I had a 10 year weapons restriction & 6 months in jail. I got out in March of 1996. That was my last encounter with the legal system. Would I still have to get a pardon or is something that old deleted from the system?

  • Michael says:

    Hi Do,

    Unofrtunately this type of scenario is all too common. In order to clear your record you will certainly need to apply for a pardon as criminal records never go away without making the application to have them removed.

    Best regards,
    Michael

  • Darla says:

    Hi In 97 my boyfriend was charged with an inditable offense…however after 2 years the crown put a stay of preceddings. To date his life has been relatively normal however 2 years ago we attempted to go to US and he was detained for approx 4 hours….fingerprinted and told he spent hard time and was refused axcess. He was given a paper and told to submit a lifted document removal or waiver revocation order….does this require a pardon or what….
    Thank you for your help in this matter.

  • Darla says:

    Sorry I may have read the form wrong that was given to him…..I think the Attach was for the border people….
    But not sure where to go from here as to what to do to be able to travel to the US

  • Birgit Davidson says:

    Hi Darla,

    It sounds as though a waiver is required. If he was never convicted of anything then it is not possible to apply for a pardon. Please give us a call to discuss the details of the case.

    Birgit

  • marian says:

    hi its marian i had a charge from 1995 of theft undre 5000 and one in 1991 i was given a pardon from rcmp in 2008 why do i have to get one from america to crosss border i didnt comit a crime there it was over 17 years ago in canada.

  • Birgit Davidson says:

    Hi Marian,

    The USA does not care how long ago an offence occurred and does not recognize Canadian pardons. Legally speaking, if you have been found guilty of certain crimes, you have to ask their permission to enter their country (which is what the waiver is).

    Some of our clients choose to pardon their records and then lie to customs officials if they are questioned about having a criminal record. This is only an option if that person has never told the Americans about their record or been refused entry at the border. Even then, the only way to guarantee entry is to apply for a US waiver.

    Birgit

  • Maria says:

    Hi

    I was convicted of two counts of fraud under and I paid my restitution as well as completed my probation requirements. It will be three years since the date when I completed my probation/paid full restitution in April 2013. I want to apply for a pardon and would like to have the package completed and ready to be submitted on the three year mark, can I get my finger prints/ criminal background check from the local police as well as my CPIC record from the RCMP now so that I have all the information ready or do I have to wait to get this information until after the three year mark?

    Thanks

    • Kyle Pistawka says:

      Hi Maria,

      First of all you should know that in March of this year the National Parole Board changed the eligibility waiting time for pardons. Now a person is not eligible for a pardon until either 5 or 10 years from the date all fines are paid and sentences are completed (it is no longer 3 or 5 years as you alluded to).

      However, you can begin to gather some of the required information now if you like. In fact we recommend beginning your pardon application about one year before you are eligible, but you can start earlier if you choose. You can complete a fair amount of the pardon application in advance, leaving only a few final steps to be completed just before you are eligible.

      Kyle

  • harry says:

    hi can any buddy tell me plss how long National Parole Board take time to clear every thing they have my file 2011 june 20 and now i need that for my truk drive to cross the border plss can any buddy help me thanx

  • Michael says:

    Harry,
    The Parole Board are not giving us time frames for applications submitted under the older fees and rules, they are very backed up and slow right now so it is impossible to say when the pardon will be granted. Please keep in mind that a pardon does not guarentee you entry to the United States, a waiver is the legal documentation required for cross border travel.

  • sandie knapp says:

    Good Afternoon
    Several years ago I was convicted of a DUI. I understand that I may complete my own pardon. Is there a package of forms to which I need to complete and if so where am I able to obtain these forms.
    Thank you
    Sandie Knapp

  • Michael says:

    Hi Sandie,

    You can get your application forms from the Parole Board of Canada. You will still need a private company for the fingerprinting so if you are in Toronto, Calgary or Montreal we would happily take care of that step for you.

    It is definitely worth having a look at the steps but most people do end up hiring a firm to take care of it for them. So if you change your mind and decide to hire a company we would also be happy to take care of it for you. If you did the fingerprinting with us we would put that cost towards a file.

    Otherwise best luck with your application. A pardon is a very smart thing to obtain.

    Kind regards,

    Michael

  • Lester says:

    What to do now? I was convicted of Theft Under $200 in 1984 for which I received a suspended sentence (2 years probation and community service). I was also charged with “Fraud in relation to fares’ which was withdrawn. This was as a result of me helping my boyfriend sneak friends into a movie theatre without paying….almost 30 years ago.
    In 1992 I was grieving the loss of my brother, had too much to drink one night and got in a fight with a cab driver where I kicked in his headlight. I was arrested and appeared in court where I was ordered to pay for the headlight. I may have received probation, to be honest I don’t remember, as this was 20 years ago.
    In 1994 or 1995 (can’t remember) I called the police on a neighbour who was abusing his child. He tried to attack me through my apt. door and I slammed the door on his arm. I charged him with assault, he counter-charged me. I actually don’t remember what happened with the charges except he was ordered to stay 500 feet away from me. I moved and never saw the neighbour again…but I think, am not sure, but I think this assault charge is coming up on background/ criminal record checks.
    I have no paperwork on the taxi cab incident or the neighboour counter-assault incident and put it behind me long ago. I have received a copy of my criminal record which shows the 1984 Theft Under $200 charge only. How do I get these assaults off my record when they are not on a visible record but keep coming up in background searches. I don’t get it, if I was convicted…why aren’t they on my record. I have also had my fingerprints done by RCMP for an employer, same thing…only the 1984 Theft Under $200 is showing on my record…..so what do I do now? I want to apply for a Pardon, but can’t remember access details that employers seem to be able to access….and how is that possible anyway?

  • Michael says:

    Hi Lester,

    I think you are simply discovering why most people pay a representative to handle their pardon application. We would be happy to handle yours if you are interested. Otheriwse i would suggest calling the Parole Board of Canada and speaking to someone at their help line. I don’t know how helpful they will actually be but it is worth a shot.

    Kind regards,
    Michael

    • Lester says:

      Thanks. In thinking about this a little more, the neighbour counter assault incident was around 1990 not 1994/95. The 1992 taxi cab incident was definitely 1992 cuz that’s the year my brother died and I was really messed up. I’m trying to determine how employers are getting this information when I cannot. There is no record I can access that shows these charges so when I’m asked about them, I don’t know what to say because I can’t remember the details…I’m now 50 years old and this is weighing heavily on me to get cleared up. I’ve never had a problem crossing the border numerous times on business and personal travel, but only had fingerprints done last year for a new employer and have not tried to cross border since then….am I going to have a problem now, even though fingerprints are supposed to be destroyed once returned from RCMP?

      • It’s very hard to know what records employers are accessing so I just can’t say for sure. As for the border I stronly advise you to stop going until your pardon is done. Once the Americans become aware of your criminal record you will be refused entry and will require a waiver to go back. Waivers are expensive and they expire every few years and once you have one you will need it for the rest of your life. Probably not what you wanted to hear just now but it could save you a considerable headache going forward in life.

        Michael

  • Lester says:

    Ok thanks for your reply Michael. Here is a perfect example of how the sins of our youth come back to haunt us! So, one final question. I have a Toronto Police Services record check letter, showing the 1984 theft under $200 and I have a copy of my fingerprints sent to RCMP (original prints were sent to Toronto Police for a clearance letter)…question is…do I have to go back to Toronto Police and get yet another criminal record search ($25) and yet another set of fingerprints ($80) when I proceed with the Pardon application? Thanks again for your help. Geez what a headache – I’m too old for this crap!!

  • I can’t really say what you will need and what you will not without seeing what you have. What I would suggest is that you take everything you have to our Toronto office (Assuming that is where are) and sit down wtih a counsellor and go over everything. Ideally we would take it over for you at that point to make sure it gets done correctly but if not the consultation is free of charge and you will at least be pointed in the right direction. If you have a lot of this stuff done already then I could probably offer a break on the service fee but again I would have to see what you have.

    Michael

  • DANIEL says:

    I GOT CHARGED FOR MY FIRST AND ONLY OFFENCE IN 2008 FOR THEFT UNDER 5000. I DID NOT RECIEVE ANY PROBATION OR FINES OF THAT NATURE. I WAS WONDERING IF THAT WILL SHOW IF MY WORK DID A CRIMINAL BACKROUND CHECK ON ME????. I DID TAKE FINGET PRINTS AND I CAN CROSS THE BORDER ONLY IF I HAVE A COURT DOCUMENT SHOWING THE DETAIL ON MY SITUATION….. IM CONFUSED IF THIS WILL AFFECT ANY FUTURE JOB OPPORTUNITIES FOR ME ???

  • Nicole G says:

    Hi there Daniel,

    From what you have mentioned, you either received a discharge of some kind (conditional or unconditional) or you were convicted. Without actual details, it is difficult to answer your question in full. However, any court proceedings, whether they resulted in convictions or not, are accessible by employers, and this could unfortunately hinder future job opportunities. Regardless whether it was a conviction or a discharge, you should defnitely have it taken care of. Depending on what city you are currently in, I invite you to one of our three offices (downtown Montreal, Toronto or Calgary) and a councellor will be more than happy to give you some options.

    Regards,

    Nicole G.

  • Kristina says:

    Hi there. My fiancée was charged with drunk in public when he was 19. He’s 32 now and we are hoping to go on a cruise to Alaska for our honeymoon. At the time of his charge he was messed up from the death of a family member and never went to his court date. He was not arrested he was fined. He never paid it. Will there be a warrant for his arrest? Will it even still be on his record? Will it stop him from getting through customs?

  • Kerrie says:

    I am in the midst of applying for a pardon for a theft over charge in ’98 (suspended sentence and probation). Not sure why I waited so long, just never thought it would have any negative effects until now.
    When I receive this pardon (hopefully), does that mean my record is clean completely? I’m in the midst of law school and hoping this won’t affect my ability to be called to the bar. Just making sure that no record will exist anywhere once I receive my pardon. Everybody makes stupid mistakes right?!

  • Christine says:

    Hi there!
    I’m hoping you can answer my question. I had a under $5,000 theft conviction Jan 2008 and recieved conditional discharge & probation 12 months. Sec 334(B) CC
    In 2009 my other charges from an ex who thought he would lie and say I abused him to try and gain custody of our daughter (which did not work as I have sole custody) but now still living with the problem. So my non convictions are: 3 – Assault Charges Sec 266CC, 4 – Fail to Comply with Recognizance Sec 145 CC and 1 – Criminal Harrassment Sec 264 CC. That was all withdrawn.
    I tried to have the destruction of crminal records, fingerprint records and photographs. I recieved a letter today saying denied. Do you know what else I can do?
    All I would like to do is be able to volunteer in my children’s school without the hassle of having to explain this to them.

    • Hi Christine,

      I am afraid your email is a bit too vague to provide any concrete feedback but the problem you are facing is likely because there is no set standard for recored keeping among police. In other words, each police station is allowed its own policy for criminal record retention therefore it might be that you have found yourself at the mercy of one of the stations in Canada that will not destroy records under any cicrumstances. However it could be something else entirely so you may want to call the centre and speak with a counsellor. I suggest trying Nicole at ext 221.

      kind regards,

      Michael

  • Janet says:

    Hello. We have been travelling back and forth to the united states for 35 years now, about 20 times in all, land crossing, and flying to Hawaii and to the US Virgin Islands, with only twice, in the last 5 years, my husband being asked “have you ever been arrested” We told them it was for drunk driving, which it was, and all was well. On our last trip driving across, we were sent to the naughty room for an interview. she said there was the charge we were referring to in 1983 but there was something from 1978. We were completely stumped, and I said it could possible be another drunk driving. My husband then proceeded to tell them that he had in fact been arrested for break and enter, I tried to stop him because I knew for a fact that was when he was a juvinile, still in high school, had to write a 500 word essay as part of his punishment. but she tapped away on her computer so I am guessing all that information is now stored in their system. They did let us proceed to give them our thousands of dollars in holiday money though, and when we came back we went to the court house to try and find out what was going on. She said she could see something from 1978, and 1983 so after a week of waiting we went back to discover the file from the 1983 impaired charge, but she said when the other file came in it was not the correct name!! But….there was also something on there from 1980 so she was ordering in that file. We then went to the RCMP to be fingerprinted to obtain a full criminal record check. The next file came in, from 1980, the other drunk driving charge as I expected, and stapled to the back of that folder were some papers pertaining to the break and enter. She did not copy those for us, but went ahead and ordered in the file based on the info showing there. It took 3 weeks this time and why it was not showing to her before, is because it is a juvinile record. it should have been sealed she said. So now we don’t know what to do. How could this record have been unsealed and shown up on his adult record causing this trouble for us? when the criminal record check comes I know it will now just show the 2 drunk driving charges. Will this be enough to take back to the border to show them? will they have kept a copy of all the stuff my husband vaguely told them about a possible break and enter? Should we just say we were confused and it was not even him and if they check their system it will not be showing? I know, you should not lie to the border gaurds, but you are within your rights to not answer certain questions. Is there some way to find out who messed up and released this information in the first place? thanks in advance for any help you can give us.

  • Keri says:

    Hi Janet,

    If I understand correctly the 1978 charge ( that the US saw) was for a different individual? This is strange as the RCMP stores information as per fingerprints. Though yes it is possible the information was incorrectly transferred. I would suggest first and foremost you have a certified letter from the court stating the 1978 charge was not your husbands. This with the RCMP would normally be fine. But the issue here now is the mention of the break and enter when you husband was a juvenile. Did you verify with the court if there was any information available? Or possibly the police station that proceeded with the arrest at the time ( if there had been one).

    Otherwise I would start with the RCMP report and a letter from the court confirming the mistaken identity. The US customs will decide from there how to proceed next.

    Best of luck

    Keri

  • Todd says:

    Hello,

    My question is 3 fold. I have obtained my criminal record from the RCMP and afte reviewing

    it have seen two errors. The first is a conviction I was found not guilty for but still appears on

    my record. The other is a wrong charge, I had plelt guilty to a lesser charge but the original,

    and much more severe charge appears on the record. What are the steps to rectify this.

    Second question if there is a fine that still has to be paid, does the five year waiting period

    start from date of payment meaning if paid today would not be eligible until August 8 2018?

    Third question is what is the difference if the 15 years has past before you apply as opposed

    to leases than?

  • Keri says:

    Hi Todd,

    Unfortunately, from time to time we come across mistakes at the RCMP, court and or police levels. The important thing to do is to obtain proof of the correct information. In your case it would be with the court(s) directly.

    As for unpaid fines, yes it will more than likely delay your eligibility date. We have had luck in the past with some of our clients. If you would like to speak to me directly regarding your file at 866-242-2411 x225.

    Finally all fine payments must be proven, no exceptions are made by the Parole Board of Canada.

    Keri

  • Sunny says:

    Hi, I recentry tried to get my criminal record check done and was told their are police files attatched to my name. I have got arrested before twice I beleive but the charges were dropped. Now im trying to get my insurance agent licence and they are not giving me it. I have never been convicted of anything and am trying to get a good job so I can marry my girlfriend and make my mom proud who has lukemia. I am scared I might loose the job opportunity that I have. What should I do

  • KATE says:

    Hi Sunny,

    Even if you have never been convicted of an offence the charges will often still appear in the restricted column of your criminal record and make it difficult to get immediate police clearance. Fingerprint verification (obtaining a certified criminal record check from the RCMP) will likely come back clear confirming that you have no convictions on your record, at which point the police will give you the clearance required for licensing purposes. To avoid having to complete this second step in the future, we would recommend completing a File Destruction request to remove this non-conviction information from your record.

    If you would like to speak to me directly about your specific case or start the destruction application, please do not hesitate to contact me directly at 866-242-2411 Ext. 240

    Kate

  • Ben says:

    Does a person need a pardon AND a waiver to be able to go the US? Or can I just work on the waiver. I suffer from both schizophrenia and Aspberger’s and have done a criminal record due to these stupid mental illnesses. So what are my chances of joining my wife (a US citizen ) ? We have been trying for over 15 years.

    • Hi Ben,

      Whether or not you need a waiver rather than a pardon or vice versa depends on whether or not you have been stopped at the border already. It also depends on how serious your criminal record is of course. Give me a call if you like. I can’t see any reason you shouldn’t be able to enter the States.

      Kind regards,

      Michael Ashby
      514.842.2411 x 227

  • Ben says:

    Michael, I was stopped 15 years ago trying to enter and told I needed a waiver. Then 8 years ago I tried crossing with fake waivers papers given to me by a crooked lawyer and barred for 5 years. My criminal record included theft under $500 and welfare fraud which I since paid back in full over 7 years ago.

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