Navigating the intricacies of pardons, waivers, and record suspensions is a cornerstone of our practice at Sarah Leamon Law. We realize the crippling burden a criminal record can pose, hindering life opportunities and freedom. Our legal team in Vancouver is dedicated to providing legal guidance, assisting you in mitigating these impacts and ushering in a fresh start.
Pardons and Their Transition into Record Suspensions
In Canada, the term ‘pardon’ was used up until 2012 to represent a legal forgiveness granted to individuals with a criminal record who had demonstrated a period of good conduct.
A pardon essentially meant that their criminal record was sealed and kept separate from other criminal records. This separation ensured that the pardoned individual’s criminal record would not show up in regular criminal record checks, making it easier for them to pursue opportunities in employment, housing, travel, and more.
In 2012, the Canadian government replaced the term ‘pardon’ with ‘record suspension’ through the Safe Streets and Communities Act. While the concept largely remains the same, the change in terminology helps clarify its actual purpose.
Rather than indicating forgiveness of past crimes, a record suspension suggests that the person’s criminal record is ‘suspended’ or put aside, provided they have completed their sentence and demonstrated good behavior.
What is a Record Suspension?
A record suspension allows individuals who have served their sentence and maintained good behavior to have their criminal record ‘set aside.’ However, it doesn’t erase the crime; it keeps the criminal record separate and inaccessible through a routine criminal record check.
Who Can Apply for a Record Suspension?
Applying for a record suspension in Canada involves specific eligibility criteria:
- Completion of Sentence: You must have served all of your sentences, including imprisonment, probation, payment of fines, and restitution orders.
- Waiting Period: You must have completed a certain waiting period, crime-free, after the end of your sentence. This period is five years for summary offences and ten years for indictable offences.
- No Prohibited Crimes: Certain offences, especially those related to sexual crimes against minors, prohibit you from being eligible for a record suspension.
- Good Conduct: You must demonstrate that you have been of good conduct, without any new charges, warnings, or convictions.
- Paid all Due Amounts: All due amounts to the Receiver General for Canada regarding your conviction must be paid in full.
Client Testimonials
Read more reviews from past clients:
Google Reviews or Lawyer Ratingz
Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
How to Apply for a Record Suspension
The application process involves acquiring your criminal record, local police records checks, and court information, then filling out an application and submitting it to the Parole Board of Canada. This process can take over a year and requires accuracy to prevent delays or denials.
How Do Record Suspensions Help?
Immigration
For immigration, a record suspension can demonstrate good character and increase the success of applications.
Family Law and Child Custody
In child custody cases, a clean record can support your position. A record suspension shows your commitment to a lawful lifestyle.
U.S. Border and Travel
While a record suspension does not guarantee U.S. entry, it can increase your chances when combined with a U.S. Entry Waiver.
What is a Waiver?
In the context of legal proceedings and travel, a waiver usually refers to a U.S. Entry Waiver. This is a document issued by the U.S. government granting permission for individuals with a criminal record or other legal inadmissibilities to enter the United States.
Obtaining a U.S. Entry Waiver is important because individuals with a criminal record can face difficulties or outright denial when trying to cross the U.S. border. A waiver effectively “waives” these grounds of inadmissibility, allowing the individual to travel freely into the U.S for a specified period, usually between one to five years.
How Do You Apply for a U.S. Entry Waiver?
Applying for a U.S. Entry Waiver involves submitting the completed Form I-192 and accompanying documents, including a Canadian Police Certificate and proof of citizenship. Additional documents may be necessary depending on the applicant’s circumstances.
You must submit the application to the Department of Homeland Security with the required fee. Given the complexity of the process and the precision required, many applicants seek legal assistance.
How a Lawyer Can Help with a Record Suspension
Lawyers can help navigate the complex process of applying for a record suspension, saving you time and increasing your chances of success. In some cases, a lawyer can also help with destroying mugshots, photographs, and fingerprints.
Sarah Leamon Law’s team understands the complexities of obtaining pardons, waivers, and record suspensions. We aim to make this process simpler and more successful for you.
Contact Sarah Leamon Law
Your past doesn’t have to define your future. If you’re ready for a fresh start, contact Sarah Leamon Law, a leading Vancouver law firm for pardons, waivers, and record suspensions. Our experienced legal professionals are ready to guide you towards a brighter future. Get in touch with us today.