How to get a Pardon in Alberta
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Contents
What is a Pardon?
A pardon is a judicial order requiring federal agencies to store the pardoned individual’s criminal record separate from the others. A pardon removes some of the limitations of having a criminal record.
Eligibility for Pardons
1. You can be granted a pardon if:
- You were convicted of a federal offence.
- You have completed your sentence.
- The waiting period has passed.
- You can demonstrate that you are now a law-abiding citizen.
Anyone can apply for a pardon, even if they are not a Canadian citizen or a resident of Canada.
2. What kinds of offences are federal?
Violations of the Criminal Code, the Controlled Drug and Substances Act, the Food and Drug Act and the National Defence Act as well as any other acts that list offences.
3. When is a sentence completed?
A sentence is completed when all fines have been paid in full, all time has been served and all probation orders have been completed.
4. How long are the waiting periods?
For summary offences, the wait time is 3 years after the completion of the sentence.
For indictable offences, the wait time is 5 years after the completion of the sentence.
You can complete the pardon paperwork before the waiting period is over, but it will not be granted until the time is up.
Pardon Application Process
First, you should obtain a Pardon Application Guide from the National Parole Board. You can phone or write to the Board for a Guide, or you can download one from the internet.
National Parole Board
Scotia Place, Scotia 2, Suite 401
4th Floor, 10060 Jasper Avenue
Edmonton, Alberta T5J 3R8
Phone: 780-495-3404 or
Phone: 1-800-874-2652
www.npb-cnlc.gc.ca
There is an processing fee of $50 that must accompany your pardon application.
Step 1: Obtain Your Criminal Record
To obtain your criminal record, you will need to be fingerprinted.
Getting a copy of your criminal record from the RCMP will cost $25. Mail your request to:
The Director, Canadian Criminal Real Time Identification Services
RCMP, NPS Bldg.
1200 Vanier Parkway
Ottawa ON KIA 0R2
Step 2: Obtain Proof of Conviction
If your RCMP record does not list all your convictions, you will need proof of these either from the police service that arrested you or the court where your case was heard. There may be a fee for this service.
If neither the court nor the police service have a record of the conviction, contact the National Parole Board for assistance.
Step 3: Obtain Court Information
You will need to obtain proof of payment from the courts if you were sentenced to pay a fine, surcharge, restitution or compensation order.
If it has been less than five years since the completion of your sentence for a summary offence, then you will need to obtain court information, but this will be included in your court record of convictions.
Step 4: Obtain Military Conduct Sheet
If you are a current or past member of the Canadian Forces will need to obtain a copy of your military conduct sheet.
Step 5: Obtain Local Police Records
You must obtain a local police records check from the police service where you currently live and every place you have lived in the past five years. This can be done in person, or for some police services, by mail. By the time your pardon application is mailed, your police record checks cannot be more than six months old.
Step 6: Provide Citizenship Documents
If you were born outside of Canada and are currently living in Canada, you must provide your citizenship or immigration documentation.
Step 7: Complete the Pardon Application
Fill out and sign the application form included in the Pardon Application Guide.
Step 8: Obtain the Processing Fee
You will need to include a $50 money order, certified cheque or bank draft.
Send your Pardon Application to:
Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1
Pardon Approval
It takes 12-20 months for a pardon to be approved. Once it has been approved, your criminal record must be sealed within 3 months. The record must also be deleted from the Canadian Police Information Centre (CPIC) computer system.
Pardons and Human Rights
The Canadian Human Rights Act prohibits discrimination against an individual based on his or her pardoned conviction. However, the Alberta Human Rights, Citizenship and Multiculturalism Act does not provide protection from discrimination for pardoned employees.
Limitations of a Pardon
Note that a pardon does not mean that your criminal record is destroyed, it is merely sealed. A pardon does not seal other countries’ records, so this does not guarantee entry or visa privileges into another country.
Pardons only relate to federal agencies, so municipal and provincial agencies do not have to seal the records of a pardoned individual.
Pardons do not cancel prohibition orders for sentences that included driving or firearms prohibitions.
If the pardon is for sexual offences, then the conviction will remain flagged in the CPIC system.
For Further Information Contact:
National Parole Board
410 Laurier Avenue West
Ottawa, ON K1A 0R1
1-800-874-2652
www.npb-cnlc.gc.ca
John Howard Society of Edmonton
401 10010 105 Street
Edmonton, AB T5J 1C4
Phone: 780-428-7590
www.johnhoward.org
Elizabeth Fry Society of Edmonton
10523 100 Avenue NW
Edmonton, AB T5J 0A8
Phone: 780-421-1175
www.elizabethfry.ab.ca
Student Legal Services
11011 88 Avenue
Edmonton, AB
Phone: 780-492-2226
www.slsedmonton.com
