If you’ve been convicted of a DUI in Canada, you might be wondering: Is there a way to clear my record? The answer is yes—through a record suspension, formerly known as a pardon. A record suspension can help you move on with your life by removing your DUI conviction from the Canadian Police Information Centre (CPIC) database.
In this post, we’ll explain how to get a pardon for a DUI conviction in Canada, the steps involved, and why having a lawyer can make the process smoother and more successful.
Why a Pardon Matters
A DUI conviction can have long-lasting consequences, including:
– Difficulty finding employment, as many employers conduct background checks.
– Restrictions on traveling to certain countries, particularly the United States.
– Challenges securing housing, as landlords may also conduct background checks.
– A lasting impact on your reputation and personal relationships.
A pardon can help you overcome these challenges by removing your conviction from the CPIC database, making it inaccessible to most employers and border officials.
What Is a Record Suspension?
A record suspension does not erase your criminal record but removes it from the CPIC database. This means that, in most cases, your conviction will no longer appear on background checks. However, law enforcement and certain government agencies may still have access to your record.
Eligibility for a Record Suspension
To be eligible for a record suspension, you must meet the following criteria:
1. Complete Your Sentence: This includes paying all fines, completing probation, and serving any jail time.
2. Wait the Required Period:
– 5 years for summary convictions (less serious offences).
– 10 years for indictable offences (more serious offences).
– DUIs are considered hybrid offences, so the waiting period depends on how your charge was prosecuted.
3. Demonstrate Good Conduct: You must show that you have been law-abiding since completing your sentence.
Steps to Apply for a Record Suspension
The process of applying for a record suspension involves several steps:
1. Gather Documents: Collect all relevant documents, including court records, proof of sentence completion, and character references.
2. Submit Your Application: Complete the application form and submit it to the Parole Board of Canada, along with the required fee.
3. Wait for a Decision: The Parole Board will review your application and make a decision, which can take several months.
Why You Need a Lawyer
Applying for a record suspension can be a complex and time-consuming process, but a skilled lawyer can help.
Here’s how:
– Legal Advice: A lawyer can explain the eligibility requirements and guide you through the process.
– Document Preparation: A lawyer can help you gather and organize the necessary documents to ensure your application is complete.
– Increased Chances of Success: A lawyer can help you present your case in the best possible light, increasing your chances of approval.
What to Do If You’re Considering a Pardon
If you’re thinking about applying for a record suspension, take these steps:
1. Consult a Lawyer: Contact a lawyer who specializes in pardons to discuss your case.
2. Gather Documents: Start collecting the necessary documents, including court records and proof of sentence completion.
3. Stay Law-Abiding: Ensure you continue to follow the law and avoid any further criminal charges.
A DUI conviction can have long-lasting consequences, but a record suspension can help you move on with your life.
By removing your conviction from the CPIC database, a pardon can open doors to employment, travel, and housing opportunities. If you’re considering applying for a pardon, don’t wait. Contact a skilled lawyer today to start the process and protect your future.
