Steps to Expunging or Sealing a Criminal Record in Toronto

A criminal record can have significant long-lasting consequences on various aspects of your life, such as employment, travel, immigration, and housing. Understandably, many individuals wish to explore the possibility of wiping the slate clean and removing the burden of a criminal record.

In this article, we will delve into the process of expunging or sealing a criminal record in Toronto, discussing the requirements, criteria, and procedures involved, as well as the vital role a skilled criminal defence lawyer can play in guiding you through this life-changing process.

Understanding Record Suspensions in Canada

Record suspensions, formerly known as pardons, provide individuals with criminal records the opportunity to have their convictions removed from the Canadian Police Information Centre (CPIC) database, effectively sealing it from public view. However, it is vital to note that a record suspension does not erase or delete the conviction; it merely restricts access to the information. In certain circumstances, such as new criminal charges or for specific job applications, a suspended record may still be disclosed.

Eligibility Criteria for Record Suspensions

To apply for a Record Suspension, you must meet specific eligibility criteria set by the Parole Board of Canada:

1. Completion of Sentence: Ensure all sentences, including imprisonment, probation, fines, victim surcharges, and restitution orders, have been fully served or paid.
2. Waiting Period: A mandatory waiting period must be fulfilled before applying for a Record Suspension, which varies depending on the type of offence:

• Summary offences: A minimum of five years following the completion of the sentence.
• Indictable offences: A minimum of ten years following the completion of the sentence.

3. Conduct: Demonstrate good conduct and show that you have not been involved in any subsequent criminal activity during the waiting period.

Record Suspension Application Process

The application process for obtaining a Record Suspension is comprehensive and involves several essential steps:

1. Obtain Criminal Record: Request a copy of your criminal record by applying for a criminal record check through the Royal Canadian Mounted Police (RCMP).
2. Acquire Court Information and Documents: Collect all pertinent court information and documents, including court file numbers, dates of conviction, and verification that all fines, surcharges, and restitution orders have been settled.
3. Verify Proof of Conviction: Provide proof of conviction to confirm the accuracy of your criminal record and ensure all convictions are accounted for in your application.
4. Prepare Local Police Records Check(s): Obtain local police records checks from all jurisdictions where you have resided in the past five years.
5. Complete Record Suspension Application: Fill out the Parole Board of Canada’s Record Suspension application form, ensuring all sections are completed accurately and that all required documentation is included.
6. Submit Application and Fee: Pay the application processing fee ($657.77 as of April 2021) and submit your application to the Parole Board of Canada.

The Role of a Criminal Defence Lawyer in the Record Suspension Process

An experienced criminal defence lawyer can provide essential support and guidance throughout the record suspension process:

1. Advising on Eligibility: Your lawyer can review your case and advise whether you meet the eligibility criteria for a Record Suspension, saving time, and resources.
2. Assisting with Documentation: Collecting the necessary court information and documents can be daunting; your lawyer can help gather and verify the required records to ensure your application is complete and accurate.
3. Reviewing Application: A comprehensive review of your Record Suspension application by a knowledgeable lawyer can help identify and address any potential issues before submission.
4. Advising on Next Steps: If your application is denied or if you are ineligible for a Record Suspension, your lawyer can provide guidance on alternative options and potential next steps.

Expunging or Sealing Records for Non-Convictions

If your case did not result in a conviction, such as an acquittal, dismissal, withdrawal, or stay of charges, there is a separate process to destroy or seal the non-conviction information. Known as a File Destruction or Purge, this process involves requesting the police service or RCMP to remove and destroy all records, fingerprints, and photographs associated with the incident. Your lawyer can help you navigate this process and ensure all necessary requirements are fulfilled.

Conclusion

Obtaining a Record Suspension or sealing non-conviction information can be a life-changing experience, providing new opportunities and a fresh start free from the burdens of a criminal record. By understanding the process, eligibility criteria, and application requirements, and partnering with an expert criminal defence lawyer, you can successfully navigate the complex procedure of expunging or sealing your criminal record in Toronto.

At Calvin Barry Professional Corporation, our compassionate and dedicated team of criminal defence lawyers is committed to assisting clients with Record Suspensions and file destructions. We understand the profound impact these actions can have on your life, and work tirelessly to provide the knowledge, guidance, and support necessary to help you move forward. If you or a loved one are ready to tackle the challenge of expunging or sealing a criminal record, contact our exceptional team today for a confidential consultation and to develop a personalized plan tailored to your unique needs.