Canadian Pardons and U.S. Waivers
Frequently Asked Questions
Q. What happens to my record after
a Canadian pardon?
A. The law is very clear; the Criminal Records Act
( R.S. 1985.c.C-47) states: “Any record of a conviction in respect of
which a pardon has been granted or issued that is in the custody of
the Commissioner of any department or agency of the government of Canada
shall be kept separate and apart from other criminal records, and no
such record shall be disclosed to any person, nor shall the existence
of the record or the fact of the conviction be disclosed to any person,
without the prior approval of the Minister.”
Q. How long does it take to obtain a Canadian pardon? Does expedited service help?
A. At Accu-metrics all service is expedited in the normal course. Every application is worked on the day you ask us to proceed and non-stop until the process is complete. Expedited service is the only service at Acu-metrics. Every application is on a fast track basis.
Q. What governs the issuance of Canadian pardons?
A. The Criminal Records Act ( R.S. 1985 c. C.-47 ) governs the issuance of pardons through the National Parole Board.
Q. How long after my conviction do I have
to wait for a Canadian pardon?
A. You are eligible for a pardon three years after
a summary conviction and any associated supervisory period has expired.
In the case of an indictable offence this period is five years. You
should apply however 6-12 months before these time periods have expired.
Q. How can I help my pardon process?
A. The National Parole Board will be influenced by your character and actions in the time period after your conviction. Accu-metrics will guide you in obtaining proper letters of support and commendation from relevant persons during that time period. We will present these letters of reference in the most advantageous way to the National Parole Board.
Q. Can my personal information be made available after a pardon? (i.e.Date of birth, last address etc.)
A. Personal information after a pardon can be disclosed only under the following circumstances:
“A fingerprint identified as that of a person is found at the scene of a crime during an investigation of the crime or during an attempt to identify a deceased person or a person suffering from amnesia.”
Q. I have never been convicted but was charged. What is the status of my record?
A. Even if charges against you were dismissed, and stayed or withdrawn or did not result in a conviction you will be in the RCMP system.
Accu-metrics will contact the arresting police force and RCMP to request that your fingerprints and all information at the time of arrest or detention are destroyed.
Q. Why does Accu-metrics have to check both the RCMP and local or provincial police records?
A. Only criminal record information concerning indictable and hybrid offences is held by the RCMP. Local and provincial police may contain information on summary offences and provincial statutes ( i. e. Highway Traffic Act ) This information may or may not be sent to the RCMP although they have access to this information.
Q. How do U.S. authorities know about any convictions?
A. Through the automated Canada/U.S. police information exchange system, all data bases are linked.
Q. How does a Canadian pardon assure entry into the United States or other countries?
A. A Canadian pardon has no legal force outside Canada. Once U.S. Customs has entered a person's name into their system that record remains. However, if a person with a pardon is asked by U.S. customs whether they have a criminal record, the proper response is no. A waiver assures entry.
NOTE OF CAUTION: You can assume that any criminal record information you volunteer to U.S. Customs will be entered in their system.
Q. If I have been convicted of several offences
do I require several Pardons?
A. A single Canadian pardon deals with all convictions.
Q. How long does it realistically take to receive a pardon and clear my record?
A. Every case is unique, realistically 9-18 months.
Q. Why should I select Accu-metrics to obtain my pardon?
A. With Accu-metrics you are in the hands of supportive professionals committed to your goals.
Not only will we handle all the paperwork, and deal with any police and government agency, but our legal department will ensure that all obstacles are removed to facilitate:
• a pardon or a U.S. waiver
• your record being purged of any recorded discharges, acquittals, etc.
Q. How much does a basic pardon cost?
A. At Accu-metrics our fees are typically about $249.00.
If you have any other questions about Canadian pardons or U.S. entry waivers, please call us at 416-691-4167 or toll free at 1-877-842-4827.
