Wednesday, November 17, 2010

Pardons

People involved in the sex industry can be faced with legal issues, and potentially a criminal record, if charged with a crime. Getting a pardon can remove barriers related to employment, education, travel, housing, and volunteer work.

What is a pardon?
A pardon allows people who have criminal offences (which they have addressed and/or completed sentence for), to have those criminal offences kept separate from active criminal files. Pardons are issued by the federal government (National Parole Board), but there are agencies that can help with the process and sometimes with the cost. If you were convicted of a crime, and wish it removed so it cannot be found on a Criminal Record Check, you will need a pardon.

What is a Criminal Record Check?
“A Criminal Record Check is a search that is used to determine whether an individual has a criminal record” (Government of Canada, 2010). The search is performed through the Royal Canadian Mounted Police (RCMP) records repository. A criminal record will not disappear on its own, even if it is a minor offence and several years have passed (Pardons Canada, 2009). Checks can also include local police records.

What are the benefits of a pardon?
A criminal record may negatively affect your chances of getting work, traveling abroad, volunteering, immigrating to another country, or obtaining an education. Many employers and institutions perform a Criminal Record Check before hiring. Obtaining a pardon can prevent future discrimination due to a criminal record.

When am I eligible for a pardon?
You can apply for a pardon once all court demands have been met. An individual is eligible for a pardon after three years for a summary offence, and after five years for an indictable offence. More serious offences can be a ten year wait. It is recommended that you begin the pardon process as soon as possible as it can take up to a year and a half for the process to be completed.

Who can help me with the pardon process?
There are numerous companies and agencies that offer this service. There is a cost associated with obtaining a pardon and each company quotes different rates. If you are experiencing a barrier to the cost of a pardon, you can connect with the Elizabeth Fry Society. They can provide you with information, and may also assist with the cost. In addition, the John Howard Society provides pardon packages and can help with the application process.

Disclaimer
The information provided in this article should not be considered legal advice. We do not guarantee accuracy or completeness of information offered in the referenced web sites. If you require legal advice, please consult a lawyer.

References
Government of Canada. (2010). Criminal record background checks, vulnerable sector and pardons. Retrieved on November 15, 2010 from http://news.gc.ca/web/article-eng.do?m=/index&nid=528419

Pardons Canada. (2009). Retrieved on November 1, 2010 from http://www.pardons.org/pardons_faqs.html

1 comment:

Unknown said...

Thank you for giving information about getting a pardon in Calgary. I am trying to get it and your information will be really helpful for me.

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