Can a Criminal Record Be Erased? Your Guide to Pardons and Record Suspensions in Alberta

Having a criminal record can change a lot in your life. It can make finding a job or a house harder. But, let’s say you made a mistake in your past. You might be wondering – can a criminal record be wiped clean? In Canada, criminal records are not entirely erased, but they can be sealed through a process called a record suspension (formerly known as a pardon). If you’re looking for guidance on clearing your record, consulting a criminal defence lawyer in Edmonton can help you deal with the interconnected legal process and improve your chances of success.

What is a Record Suspension?

A record suspension is a formal process that removes a criminal record from public visibility in the Canadian Police Information Centre (CPIC) database. So, when background checks are conducted, most agencies will no longer show the record. However, law enforcement agencies and the government still have access to the information. Record suspensions are granted by the Parole Board of Canada (PBC) and are subject to strict eligibility requirements.

Who is Eligible for a Record Suspension in Alberta?

Not everyone qualifies for a record suspension. To be eligible, you must meet the following criteria:

• You have completed all sentencing requirements, including jail time, probation, fines, and restitution.
• A waiting period has passed since your sentence was completed:
  • 5 years for summary offences (less serious crimes)
  • 10 years for indictable offences (more serious crimes)
• You’ve shown good behavior and commit any new offences after finishing your sentence.

Certain convictions, such as sexual offences against minors, are not eligible for a record suspension.

The Process of Applying for a Record Suspension

Getting a record suspension means lots of steps like collecting legal papers, completing forms, and making sure you meet all the deadlines. Let’s break down what you need to do:

1. Obtain Your Criminal Record and Court Information

To start, get your criminal record from the RCMP and any court papers about your crimes. These papers will show what your sentence was and if you can have your record suspended.

2. Gather Additional Documentation

You will need documents such as local police checks, proof of employment or community involvement, and character references to support your application.

3. Complete the Application Forms

The Parole Board of Canada provides specific forms that must be filled out accurately. Any mistakes or missing information can delay your application or result in a denial.

4. Pay the Application Fee

To apply to the Parole Board of Canada, you have to pay a fee. Lately, this fee is more than $600 and you can’t get it back.

5. Submit Your Application to the Parole Board of Canada

After you gather all the papers and finish the forms, send your application to the PBC to check it. It might take from 6 months to a year to handle it, based on how complicated your situation is.

How a Criminal Defence Lawyer in Edmonton Can Help

Applying for a record suspension can be overwhelming, and errors can lead to unnecessary delays or rejections. Hiring a criminal defence lawyer in Edmonton ensures your application is completed correctly and has the best chance of approval. A lawyer can:

• Determine if you are eligible for a record suspension
• Help collect and organize required documentation
• Ensure your application meets all legal requirements
• Advocate on your behalf if there are any complications

Do Record Suspensions Erase Your Criminal Record?

A record suspension does not erase your criminal record, it simply removes it from public view. If you commit another crime, the suspension can be revoked, and your record will once again be visible to authorities. Additionally, certain organizations, such as U.S. border officials, may still have access to your past record, which can affect international travel. An Edmonton criminal defence lawyer can provide advice on how a record suspension may impact your specific situation.

Alternative Options: Expungement

Sometimes, people can get an expungement, which means their criminal record gets totally erased. Expungements happen if someone was found guilty under old laws that are now seen as wrong (like old rules against LGBTQ+ people before laws changed). But, most of the time, people have to ask for their record to be suspended.

Take Control of Your Future

Having a criminal record doesn’t have to define your future. If you meet the eligibility requirements and follow the correct legal steps, a record suspension can open doors to better employment, housing, and personal opportunities. If you’re considering applying for a record suspension, seeking legal guidance is the best way to make sure you see success. A criminal defence lawyer in Edmonton can walk you through the process and help you achieve a fresh start.

Need Help Clearing Your Record?

At Martin G. Schulz & Associates, our experienced team is ready to assist you in navigating the record suspension process. Contact us today online for a confidential consultation and take the first step toward a clean slate.