Criminal Rehabilitation / Record Suspension (Pardon)

In Canada, individuals who are inadmissible due to past criminal activity may apply for rehabilitation to overcome their inadmissibility. Criminal rehabilitation/pardon process in Canada is based on specific criteria and procedures outlined by the Immigration, Refugees and Citizenship Canada (IRCC) and the Parole Board of Canada (PBC).

Rehabilitation Process: Rehabilitation is an application process whereby a person requests absolution from the Government of Canada for a particular crime or crimes committed. It involves demonstrating that the individual has led a stable lifestyle and is unlikely to be involved in any further criminal activity. The application for rehabilitation can be made if at least five years have passed since the completion of the individual’s criminal sentence.

Record Suspension (Pardon): For individuals with a criminal conviction in Canada, a record suspension (formerly known as a pardon) from the Parole Board of Canada (PBC) is required before applying for rehabilitation. The record suspension allows individuals to have their criminal record set aside, making it easier to find work and travel. In some cases, both an approval of rehabilitation and a pardon are required to overcome inadmissibility.

Eligibility: The eligibility for applying for rehabilitation depends on the type of conviction and the time that has elapsed since the completion of the criminal sentence. The waiting period for applying for rehabilitation is generally five years after the end of the sentence imposed.

Application Process: The application for rehabilitation is submitted to the Immigration, Refugees and Citizenship Canada (IRCC). The application package includes the document checklist and the application for criminal rehabilitation form. The individual can apply for rehabilitation if they are inside or outside Canada.

Decision: An officer will review the application and decide if the individual can be granted special permission to come to Canada temporarily if less than five years have passed since the completion of their criminal sentence.

It’s important for individuals seeking criminal rehabilitation/pardon to carefully follow the application process and provide the necessary evidence to support their application. Seeking legal advice and assistance may also be beneficial in navigating the rehabilitation process effectively.

Citations:

[1] https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

[2] https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html

[3] https://www.canlii.org/en/commentary/doc/2019CanLIIDocs3880

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