Clear Your Criminal Record in Ontario: A Comprehensive Guide
A criminal record can have long-lasting consequences on a person’s life, often creating barriers to employment, travel, and education. However, expunging a criminal record can alleviate these consequences, offering a fresh start and a chance to reclaim your life. Understanding the process of clearing or sealing your criminal record in Ontario is crucial to embarking on the road to recovery and a better future.
In this comprehensive guide, we will outline the step-by-step process necessary for expunging your criminal record in Ontario, covering eligibility criteria, required steps, and essential information to ensure a successful outcome. Equipped with the knowledge provided in this guide, you can confidently approach the process of clearing your criminal record with purpose and determination. Regain control of your future with the assistance of a skilled criminal defence lawyer and this informative step-by-step guide.
1. Assessing Your Eligibility
Before initiating the process of expunging your criminal record, it’s crucial to determine your eligibility. In Ontario, the process of clearing your criminal record typically falls under two categories:
- Record suspensions: Formerly known as pardons, record suspensions seal your criminal record in Canada, making it inaccessible to employers, landlords, and other entities conducting background checks. To be eligible for a record suspension, you must have completed your sentence (including probation and payment of fines) and demonstrate a period of good conduct. The waiting period for eligibility varies depending on the type of offence committed: five years for summary offences and ten years for indictable offences.
- Discharges: In some cases, a judge may grant a conditional or absolute discharge, which can also effectively expunge the individual’s criminal record. In the case of a conditional discharge, the record will be automatically sealed after three years, while an absolute discharge takes one year to be sealed.
2. Obtaining Your Criminal Record
Before applying for a record suspension, you need to obtain a copy of your criminal record from the Royal Canadian Mounted Police (RCMP). To do this, follow these steps:
- Fingerprinting: Visit an accredited fingerprinting service, such as a local police station or a private fingerprinting agency, and have your fingerprints taken. This process typically requires government-issued identification and the payment of a fee.
- Submit a request: Once you have your fingerprints, submit a request for a criminal record check to the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS). You can find the necessary forms on the RCMP website.
3. Local Police Records Check
In addition to the RCMP criminal record check, you’ll also need to acquire a local police records check, which contains any additional information or records not included in the RCMP database. Contact your local law enforcement agency and request a “local police records check for record suspension purposes.” A fee is usually associated with this process.
4. Court Information
Next, gather all relevant court documents regarding your conviction(s). You will need this information to complete your record suspension application accurately. To request your court information, contact the courthouse where your case was heard and follow their specific procedures for obtaining court documents.
5. Proof of Conviction
You may also need to provide proof of conviction if your criminal record obtained from the RCMP is incomplete or inaccurate. This proof comes in the form of a “Certified Statement of Disposition.” Like court documents, this can be obtained from the courthouse where your case was heard. Contact the respective courthouse for their specific procedures.
6. Application for Record Suspension
Once you have gathered all the required documentation, you can begin the process of applying for a record suspension. Obtain the application forms from the Parole Board of Canada and fill them out accurately and completely. A few essential components of the record suspension application include:
- Personal statement: This statement should explain the impact of your criminal record, any rehabilitative measures you have taken, and why a record suspension is essential for your future.
- Completed schedule: Include a detailed description of your conviction(s), including the dates, circumstances, and the nature of the offence(s).
- Fee payment: You will need to submit a processing fee ($644.88 as of 2021) along with your record suspension application.
7. Application Submission and Review
Once your application is complete, submit it to the Parole Board of Canada for review. Be sure to make copies of all documentation for your records. The application review process can take anywhere from six months to two years, depending on the complexity of the case and the number of applications the Parole Board is processing.
8. Outcome and Next Steps
If your record suspension application is approved, your criminal record will be sealed, and you’ll be free to pursue opportunities without the burden of a criminal past. However, if your application is denied, you have two options:
- Appeal: If you believe the Parole Board’s decision was made in error or that your application was not given fair consideration, you can request a reconsideration. The request must be submitted in writing within 60 days of the initial decision.
- Reapply: If new information or circumstances arise that may positively impact your application, you can reapply for a record suspension after one year from the date of the initial decision.
Take Control of Your Future with Calvin Barry Professional Corporation
The process of expunging your criminal record in Ontario can be complex and time-consuming. However, with the guidance of an experienced criminal defence lawyer from Calvin Barry Professional Corporation, you can navigate this process confidently and efficiently. Our legal professionals have extensive expertise in record expungement and will work diligently to protect your rights and secure the best possible outcome for your future.
Don’t let a criminal record dictate your life any longer. Schedule a free consultation with a skilled criminal defence lawyer at Calvin Barry Professional Corporation to discuss your options and start your journey towards a fresh start. Empower yourself with the support of our knowledgeable team and take control of your future today.
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