The Implications of a Criminal Record: Employment, Travel, and the Importance of Record Suspension
A criminal record can significantly impact an individual’s daily life, affecting employment prospects, travel opportunities, and more. Understanding the consequences of a criminal record and the importance of record suspension can help individuals take the necessary steps to regain control and mitigate the effects of past convictions. In this article, we’ll delve into the implications of having a criminal record, the process of record suspension, and how a skilled criminal defence lawyer can assist in this endeavour.
Consequences of a Criminal Record
Having a criminal record can lead to numerous difficulties, permeating various aspects of an individual’s life:
Employment: Many employers conduct background checks as part of the hiring process, making it challenging for those with criminal records to secure employment or advance in their careers.
Travel: Criminal records can impede international travel, as some countries may deny entry visas or refuse admission to those with past convictions.
Education: Post-secondary institutions may require background checks for program applicants or restrict access to funding opportunities for those with criminal records.
Volunteer Work: Organizations often mandate background checks for volunteers, particularly if dealing with vulnerable populations, potentially limiting the engagement of those with criminal records.
Record Suspension: An Overview
Record suspension, formerly known as a “pardon,” can help alleviate the consequences of having a criminal record:
What is a Record Suspension?
A record suspension allows for the removal of an individual’s criminal record from the Canadian Police Information Centre (CPIC) database, making it inaccessible during background checks, except under specific circumstances.
Benefits: Once granted, a record suspension can improve employment opportunities, ease restrictions on international travel, and broaden access to funding and volunteer positions.
Limitations: It is essential to note that a record suspension does not erase one’s criminal history but rather conceals it from standard background checks. Additionally, it may not apply to certain non-governmental databases, such as those held by private investigators or foreign authorities.
Eligibility Criteria and Application Process
There are specific criteria and steps to follow when applying for a record suspension:
Eligibility: To be eligible for a record suspension, an individual must have completed their sentence (including any probationary period and payment of fines/restitution) and a designated waiting period (currently five years for summary offences and ten years for indictable offences).
Application Process: The application for a record suspension requires the submission of various documents, including criminal record checks, court documents, and statements detailing the circumstances of the offences. The fee for processing the application is currently set at $657.77.
Approval: The Parole Board of Canada assesses applications, considering factors such as the applicant’s conduct since the conviction, the nature of the crime, and potential benefits. The process may take several months to complete, and there is no guarantee that a record suspension will be granted.
The Role of a Criminal Defence Lawyer in Record Suspension
An experienced criminal defence lawyer can be invaluable in guiding clients through the record suspension process:
Expert Guidance: A knowledgeable lawyer can help clients understand the complexities of record suspension eligibility and application requirements, ensuring all necessary documentation is complete and accurate.
Successful Applications: By providing legal advice and support, a skilled lawyer can increase the likelihood of a successful record suspension application, significantly easing the burden on the applicant.
Post-Suspension Assistance: In the event of complications, such as being denied entry to another country, an experienced criminal defence lawyer can offer guidance and support to address issues related to record suspension.
Conclusion
The implications of a criminal record can significantly impact an individual’s personal and professional life. Record suspension offers an opportunity to mitigate these consequences and improve one’s prospects. If you are considering applying for a record suspension in Toronto, Mississauga, Brampton, or the Greater Toronto Area, the team at Calvin Barry Professional Corporation is prepared to offer expert guidance and support throughout the entire process.
Don’t let your past hold you back – contact Calvin Barry Professional Corporation today for a free consultation. Allow our team of skilled criminal defence lawyers in Toronto to help you navigate the record suspension process and step into a future with greater opportunities with confidence and peace of mind.
