National Parole Board
www.npb-cnlc.gc.ca
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Fact Sheet
Pardons
- What is a pardon?
- What is the effect of a pardon?
- What are the limitations of a pardon?
- Who may apply for a pardon?
- When can a person apply for a pardon?
- Does a person have to apply for a pardon if given an absolute or conditional discharge?
- Can a pardon be denied?
- Can a pardon be revoked?
- Can a pardon cease to have effect?
- What is the difference between a pardon that is "granted" and a pardon that is "issued"?
- How does a person apply for a pardon?
- Do I need a lawyer or a representative to apply for a pardon?
- Pardon Application Guide
What is a pardon?
A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act ( CRA ), the National Parole Board (NPB) may issue, grant, deny, or revoke pardons for convictions under federal acts or regulations of Canada .
What is the effect of a pardon?
All information pertaining to convictions will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed without permission from the Minister of Public Safety Canada. The CRA applies only to records kept within federal departments and agencies. However, many of the provincial and municipal law enforcement agencies cooperate by restricting access to their records once notified that a pardon has been granted or issued.
The Canadian Human Rights Act forbids discrimination based on a pardoned conviction. This includes services a person needs or the opportunity to work for a federal agency. The CRA states that no employment application form within the federal public service may ask any question that would require an applicant to disclose a pardoned conviction. This also applies to a Crown corporation, the Canadian Forces, or any business within the federal authority.
What are the limitations of a pardon?
- A pardon does not erase the fact that a person was convicted of an offence.
- A pardon does not guarantee entry or visa privileges to another country.
- Courts and police services (other than the Royal Canadian Mounted Police (RCMP)) are under provincial and municipal legislation. This means that they do not have to keep records of convictions separate and apart from other criminal records.
- The CRA lists certain sexual offences. If a person was pardoned for such offences, his/her record will be kept separate and apart, but his/her name will be flagged in the CPIC computer system. This means a person will be asked to let employers see his/her record if this person wants to work with children or with groups that are vulnerable because of their age or disability. The flag is applied regardless of the date of conviction or the date a pardon was granted or issued.
- A sentence may have included various prohibition orders imposed under the Criminal Code, such as a driving or firearms prohibition order. A pardon will not cancel these prohibition orders.
Who may apply for a pardon?
A person may apply for a pardon if he/she was convicted of an offence under a federal act or regulation of Canada . A person may apply even if he/she is not a Canadian citizen or a resident of Canada . A person may also apply if he/she was convicted in another country and transferred to Canada under the Transfer of Offenders Act.
When can a person apply for a pardon?
Before a person is eligible to apply for a pardon, he/she must have 1) completed all sentences and 2) waited a certain period from the completion of all sentences.
- When is a sentence completed?
- When a person has paid all fines, surcharges, costs, restitution and compensation orders in full;
- When a person has served all of his/her time, including parole or statutory release; and
- When a person has satisfied his/her probation order.
- What is the waiting period?
- For convictions under the Criminal Code and other federal statutes:
- Three years for summary convictions; and
- Five years for indictable offences.
- For convictions under the Transfer of Offenders Act:
- Five years for all convictions.
- For convictions under the National Defence Act:
- Five years if the person was fined more than $2,000;
- Five years if the person was imprisoned more than six months;
- Five years if the person was dismissed from the service; and
- Three years for all other penalties.
- For convictions under the Criminal Code and other federal statutes:
Does a person have to apply for a pardon if given an absolute or conditional discharge?
No. A person does not need to apply for a pardon if his/her criminal record consists only of absolute or conditional discharges. Absolute or conditional discharges handed down by the court on or after July 24, 1992 will automatically be removed from the CPIC computer system one year (absolute discharge) or three years (conditional discharge) after the court decision. For discharges given before July 24, 1992 to be removed from the record, a person must contact the RCMP at the following address:
Pardon & Purge Services
Information & Identification Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6158
http://www.rcmp-grc.gc.ca/crimrec/pandp_e.htm
Can a pardon be denied?
Yes, for example, if the NPB finds that a person is not of good conduct. However, he/she may reapply after one year.
Can a pardon be revoked?
Yes. The NPB may revoke a pardon if:
- The person is later convicted of a summary offence under a federal act or regulation of Canada ;
- The NPB finds that the person is no longer of good conduct; or
- The NPB learns that a false or deceptive statement was made, or relevant information was concealed at the time of the application.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
Can a pardon cease to have effect?
Yes, if a person is subsequently convicted of:
- an indictable offence under a federal act or regulation of Canada ;
- an offence punishable either on indictable or summary conviction; and
- if the NPB is convinced by new information that the person was not eligible for a pardon at the time it was granted or issued.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
What is the difference between a pardon that is "granted" and a pardon that is "issued"?
The difference relies on the pardon evaluation process. In assessing a pardon request for an indictable offence , the Board confirms that the necessary waiting period (5 years after satisfaction of sentence) has been completed, verifies through RCMP and local police services that there have been no further convictions, and investigates the applicant's behaviour since the sentence was completed, to confirm that he/she was of good conduct. In light of this evaluation, a Board member will decide whether to grant or deny a pardon.
For an offence punishable on summary conviction , it is a non-discretionary process. The Board confirms that the necessary waiting period (3 years after satisfaction of sentence) has been completed and verifies through the RCMP that the applicant has not been convicted of any other offences since the last conviction. Depending on the result, a pardon may be issued.
For hybrid offences (e.g. offences that can be treated as either summary or indictable), the Board will err on the side of caution and will treat the offence as indictable for processing purposes unless proof of summary conviction is submitted by the applicant.
How does a person apply for a pardon?
A person must obtain a Pardon Application Guide from the NPB offices or from the RCMP offices, provincial and municipal police offices and courts of justice. The Guide will outline how to obtain required documents such as the criminal record, local police records check and other pertinent information. An applicant does not need a lawyer or representative to apply for a pardon. For assistance, an applicant may call the Clemency and Pardons Division toll-free number: 1-800-874-2652 or contact one of our regional offices .
Do I need a lawyer or a representative to apply for a pardon?
You do not need a lawyer or a representative to apply for a pardon. The pardon application guide includes step - by - step instructions on how to apply for a pardon, as well as the pardon forms. The NPB gives equal consideration to all pardon applications received - whether they are submitted by an individual or by a representative from a private agency. Submitting your pardon application through an agency or lawyer will not improve your chances of being granted or issued a pardon. The NPB is not affiliated with any pardon agencies.
For more information or for further assistance, applicants are encouraged to contact the NPB's Clemency and Pardons Division directly with the following toll-free number: 1 800 874-2652.
