Are you worried about your criminal record in Canada?

If you’re a non-citizen living in Canada, you’ll likely want to apply for citizenship one day. Criminal records complicate things, whether you’re a refugee, long-term permanent resident, or anything in between.

Immigration, Refugees and Citizenship Canada reject applications regularly if applicants are found to have fallen foul of the law. A criminal record will also hurt your chances of finding work and a place to live.

You Must Try To Seal Your Criminal Record

Stay out of trouble if you don’t have a criminal record. If you already have one, it’s not too late to protect your future. Before you can start planning ahead, you’ll need to work hard to get your record sealed before doing anything else.

The ease with which you’ll find the task depends on the outcome of your past charges. People with convictions will find it more difficult than those with non-guilty verdicts and discharges. Luckily, it’s possible to seal them all in some cases.

Options For Sealing Your Criminal Record In Canada

Let’s break down how to seal your criminal record in Canada, which will help you apply to become a citizen without worrying about your application being rejected. We’ll need to look at three different routes based on the final outcome of your charges:

-Not-Guilty

-Discharged

–Conviction

-Not-Guilty

If found not guilty of a crime (including acquittals and dismissed charges), it’s possible to wipe charges off your record. It’s not done automatically, so assume you have a record if you’ve been charged and fingerprinted in the past.

The final decision is made by the police who charged you in the first place. You will need to reach out to the relevant authorities in the jurisdiction where you were charged, but it’s not guaranteed they’ll give you what you want.

Understanding Canada’s Criminal Record Sealing Process

You should always be as polite as possible when contacting anyone. Even if they agree to your request, it could take up to 18 months until it’s done. Make sure you apply as soon as possible, so it’s resolved before you apply for citizenship.

You might have to wait a certain length of time before asking for your records to be destroyed. If you receive a peace bond, you must wait until it runs its course. If a charge was stayed, it takes a year before it’s possible to ask for record destruction.

Discharged

A discharge is similar to a conviction, so it’s difficult to have your records purged and destroyed. If charged with DUI in Toronto or GTA, you might end up with a finding of guilt, which won’t come with the conviction you’d normally expect to receive.

Even though it’s not as serious as a conviction, discharges usually come with a few conditions that must be met before you can start thinking about sealing your record. An absolute discharge comes with nothing attached, but a conditional one is different.

Once you’ve received a conditional discharge, you might have to pay a fine before it’s over. In some cases, you’ll need to serve probation for a period of time. More experienced lawyers will usually get you a better result in court.

Benefits of Sealing Your Criminal Record in Canada

That’s why the price to pay for DUI legal help and other charges should never be too low. You will need your records purged and destroyed once you’ve received a finding of guilt without a conviction, which requires two different conversations.

The Royal Canadian Mounted Police (RCMP) will purge your records if you’re eligible (absolute discharge – 1 year, conditional discharge – 3 years), and you’ll need to contact the police where you were charged to seal (or destroy) your file.

Conviction

If convicted of a crime in Canada, it gets a little more complicated when looking for a record suspension. You won’t be able to get it destroyed, but it will be sealed from public access if successful.

There are a couple of waiting stages you’ll need to go through first. Once you’ve received a conviction, it needs to be completed before moving on to the second stage. It can include waiting until you’ve left prison or finished probation.

All monetary payments due will need to be paid too. Once you reach this stage, you’ll still need to wait another 5 years for less serious crimes before record suspension. If convicted of a serious crime, you’ll need to wait another 10 years before you’ll find success.

Eligibility Criteria: Who Can Seal Their Criminal Record?

Some crimes, including Schedule 1 offences, won’t be sealed no matter how long you wait. The Parole Board of Canada deals with record suspensions, so you should reach out to them to find out if you qualify, which should be easy.

The Parole Board of Canada, the Royal Canadian Mounted Police, and the local police all charge fees to help with record suspensions, so expect to spend money clearing everything up.

Getting Your Criminal Record Sealed Is Worth The Effort

If you plan on creating a new life in Canada, it’s worth getting your criminal record sealed. Not only does it help you acquire citizenship if you’re still on a visa, but it will make your life a lot easier with certain day-to-day things.

Instead of wasting more time sitting around, you should start looking into it straight away. In some cases, it will take a very long time before you get what you want.

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Sealing My Criminal Record In Canada