Should I pay a pardon service to handle my Canadian record suspension?
November 13, 2015 3:52 PM   Subscribe

Decades ago, I got into some trouble with the law in Canada. I now have a record that shows a single summary conviction and a suspended sentence. This has not mattered until recently, when I was unable to pass a criminal background check. Should I apply for record suspension myself and eschew a "pardon" service (as suggested by the Parole Board of Canada, who warn of fraudulent services) or pay to have someone else take care of _some_ of the headache?

When I was a stupid teenager, I did something dumb and got caught. I pled guilty, was given a suspended sentence for a summary offense (i.e., no weapon, no violence, and not a "Schedule 1" indictable offense related to minors) and told to keep the peace (which I did). Fast-forward 30 years, and I am now an established member of middle-class society, and my dream job has crashed and burned since a criminal background check will never come back "clear." (Up to now I thought my record was clear because I made the assumption I had been given a Conditional Discharge. Surprise! Maybe some amount of "don't want to look too closely" factored into this...)

Yes, I know my initial stupidity has been further compounded by further stupidity and plenty of ignorance. No need to point this out, as I already feel like a complete fuck-up loser.

I have travelled globally and into the US without trouble, so I have not (apparently) made it to the US "moral turpitude" list. So, this is not specifically about getting a border crossing waiver. AFAIK, I do not need that. My aim is to allow a 1st level basic criminal record check to come back "clear" by getting a record suspension.

I know I otherwise meet all the requirements for getting a record suspension.

I am a Canadian citizen, born in Canada, and I have no other items on my record other than this single conviction. I've read the Parole Board of Canada web site, and started the process of getting my "Criminal Convictions, Conditional and Absolute Discharges" from the RCMP, for the purpose of getting a record suspension. This may take up to 6 weeks, and once I have it I have the choice of doing things on my own, or giving these documents to a pardon service.

However, there are 10 steps outlined, and some of them require a startling amount of special information, and knowledge about what your local police service will or will not do. (For example, I found out the hard way that my local police service does not do fingerprint criminal record checks for the purpose of record suspensions since the beginning of this year.) Seriously, the document itself is a Kafkaesque flowchart to me, and I'm pretty good at flowcharts.

So, are any of these pardon service joints not dodgy fraudsters? Is this one of the times I should pay extra for someone to handle the twisty maze of official passages I need to negotiate? Are there recommended services anyone has info on? Are there any NGOs that offer advice on how to negotiate these passages? How much more than the $631 (thanks outgoing government for that 4-fold increase) should I expect to pay for such a service?
posted by anonymous to Law & Government (3 answers total)
 
It looks like the Canadian Bar Association suggests contacting a lawyer for issues related to conditional sentences, probation and discharges, and it looks like there may be lawyer referral services in each region.

Also:
You don’t need a lawyer to apply, but it is a complicated process with several stages. It can take a year or longer. The Clemency and Records Suspension Division offers free help. Its number is 1.800.874.2652.
You could contact a lawyer (or several lawyers), to at least find out the costs for their help with the process, and if they know of reputable services.
posted by Little Dawn at 4:33 AM on November 14, 2015


Pardons Canada is a federal non profit that a family member of mine used several years ago to get their paperwork processed. It was very thorough and significantly cheaper to go through them then to go through other for profit agencies. They have a walk in centre in Toronto if that's where you live. They also have a toll free number that you can call anonymously to get specific information related to your case and all consultations are confidential. Consultations are free and they are also able to direct you to other agencies as appropriate.
posted by googlebombed at 5:36 AM on November 14, 2015 [2 favorites]


A family member worked for one of these pardon services. You have to do pretty much the exact same amount of paperwork as doing it yourself, except instead of submitting it to the government you submit it to the pardon agency along with a huge cheque. Then they copy all the info into the official government form and submit it.

Do it yourself.
posted by Jairus at 6:53 AM on November 14, 2015


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