Legal Guide

Are You Eligible to Get a Pardon?

For those looking for a second chance after getting an accusation and/or convicted, applying for a pardon might be the only answer.

Not all people who have committed a crime can stay in prison forever. Sometimes, you can get a second chance especially you’ve behaved appropriately and served long enough. You can also get the chance to live a normal life again if ever you feel that you people have accused you wrongly. One way you can do this is when you get a pardon. However, not everyone can apply for it.

Applying for record suspension or pardon will differ from one person to another. Depending on the charges you’re facing, you need to be under different conditions. Since the processing of the application for pardon takes time, you might want to submit it before your eligibility date.

Here are the requirements for pardon Canada eligibility:

Acquitted Charges

Acquittal means you are legally free from any accusation. However, the case raised against you will still be in your records. Still, if the court has dismissed the charges raised against you, you can apply for a pardon 5 months after and clear your records for good.

Peace Bonds

Peace bond, as described in Canadian law, is the order of the court to require the accused to be on his or her best behavior for a given period of time. If you are under this condition, then you can apply for a pardon after one year.

Conditional Discharges

Conditional discharges passed by the lawful court requires the defendant to comply with certain conditions. The defendant must clear these conditions with or without supervision, depending on the judge’s ruling. Once the conditions are fulfilled, the defendant can file for discharge.If he wants to clear his records, he can also file for a pardon after 3 years.

Summary Convictions

If you created a summary offense, that means you committed a criminal act without the right to go to a trial or indictment. This allows you to apply for a pardon after about 5 years.

Indictable Convictions

Even if you got an indiction, you can still apply for a pardon given that the conviction is minor and you have not been indicted for more than 3 convictions. Sexual conviction, especially to a minor, the Parole Board of Canada will never grant you a pardon. If you have served your time well or paid the right amount of fine, you can apply for it after 10 years.

Final Words

You only need to submit proper documents and pay a certain fee in order to apply for a pardon. Once the Parole Board of Canada grants you the pardon, you can now keep your criminal records from the public, including the companies or schools you’re going to apply to. This will make your life a whole lot easier. However, if you are convicted once again, it might be hard to apply for it for the second time. It’s best that you keep a good behavior after.

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