Can an Old Arrest Show Up on a Background Check? What You Need to Know

In Canada, a criminal record can have far-reaching consequences. Whether it’s hindering your job prospects, limiting travel opportunities, or affecting your reputation, the effects of a criminal conviction can last long after the sentence is completed. Fortunately, the Canadian legal system provides a way to move forward and reintegrate into society—through the record suspension process (formerly known as a pardon). A record suspension is a legal mechanism that sets aside a criminal record, removing some of the barriers it causes in daily life. However, the process of obtaining a record suspension can often be lengthy and complicated. For individuals who are seeking a fresh start, understanding how to speed up the process is essential. This blog post will delve into the steps involved in securing a record suspension in Canada, explain factors that may cause delays, and offer advice on how to expedite the process. What is a Record Suspension? A record suspension is a formal decision made by the Parole Board of Canada (PBC) to remove a criminal record from public access. Essentially, it "sets aside" the conviction, meaning the criminal record will no longer show up in background checks conducted by employers, landlords, or other organizations that require a criminal record check. However, it is important to note that a record suspension does not erase the conviction from criminal databases; it simply ensures that the conviction will not be visible to the general public or most government authorities. While a record suspension can open up many opportunities—such as employment, travel, and overall reintegration into society—there are specific eligibility requirements, a thorough application process, and certain factors that may cause delays. Eligibility for Record Suspension Before attempting to speed up the process, it is crucial to first confirm whether you are eligible for a record suspension. Under Canadian law, individuals must meet specific criteria before they can apply. The Parole Board of Canada (PBC) assesses eligibility based on the following key factors: Completion of Sentence: You must have completed all aspects of your sentence, including fines, probation, community service, and parole. Only after all sentence requirements have been fulfilled can you apply for a record suspension. Waiting Periods: For summary offenses, you must wait 5 years after the completion of your sentence before applying for a record suspension. For indictable offenses, you must wait 10 years after completing your sentence before applying. No Further Criminal Convictions: You must not have been convicted of any other criminal offenses since completing your sentence. Having a clean record since the completion of your sentence will improve your chances of approval. Rehabilitation: You must demonstrate that you have been rehabilitated. This is particularly important for individuals who have been convicted of more serious offenses. Rehabilitation refers to the idea that the person has shown evidence of good behavior and has reintegrated into society. Common Delays in the Record Suspension Process While applying for a record suspension might seem straightforward, several factors can slow down the process. Understanding what can cause delays can help you anticipate obstacles and take proactive measures to avoid them. Incomplete or Incorrect Application: One of the most common reasons for delays is submitting an incomplete or incorrect application. The PBC requires a wide variety of documents, including detailed criminal history records, court documents, and proof of the completion of your sentence. If your application lacks any required information or if the forms are filled out incorrectly, the process can be delayed. Unresolved Fines or Restitution: If you still owe fines or restitution from your sentence, your application will not be considered. It is important to ensure that all financial obligations are settled before submitting your application. Missing or Incorrect Criminal Record Information: In some cases, applicants may not have access to their complete criminal record, or there may be errors in the information available. If the PBC cannot verify the details of your conviction or if there are discrepancies in your criminal record, this could lead to delays. Waiting for Criminal Record Information from Provincial or Municipal Authorities: The PBC requires you to submit a police certificate or criminal record check from your local police. Depending on the region, this process can take time. The longer it takes for the police to process your request, the longer your application may take to complete. Backlog of Applications: Record suspension applications are processed by the PBC, and at times, the volume of applications can cause a backlog. If there is an influx of applications, processing times may increase significantly. Steps You Can Take to Speed Up the Process While some delays are inevitable due to factors beyond your control, there are several proactive steps you can take to help speed up the record suspension process. These tips will ensure that your application is processed as efficiently as possible: Ensure All Documents Are Complete and Accurate The most critical factor in expediting your record suspension is submitting a complete and accurate application. Carefully review all the documents required for your application, and ensure that everything is filled out correctly. Double-check that: You have included all necessary court documents, including sentencing records, police reports, and proof of sentence completion. Your application is properly signed and dated. You have obtained a current criminal record check from your local police service. You can request this before starting the process to avoid delays later. All relevant fees are paid, as the PBC requires payment for processing the application. If any document is missing or incomplete, it will cause delays in processing. By being thorough from the start, you reduce the chances of delays and improve the overall efficiency of the process. Take Care of Any Outstanding Legal Issues If you have any unresolved fines, court-ordered restitution, or legal issues that may prevent you from meeting eligibility requirements, take care of them before applying. This includes: Paying any outstanding fines or restitution related to your criminal conviction. Resolving any probationary or parole conditions that may still be in effect. Ensuring you are in good standing with the law, with no additional criminal convictions since your sentence was completed. Addressing these issues ahead of time will ensure your application meets the PBC’s eligibility criteria, which can help avoid delays. 3. Get Your Criminal Record Check in Advance One common source of delay is waiting for a criminal record check from local law enforcement. This check is a crucial part of the record suspension application, so it is a good idea to request it early. You may also need to get additional police certificates from other jurisdictions if you have lived in multiple locations or countries. Check with your local police department to inquire about the average processing time for criminal record checks, and factor that into your application timeline. In some cases, you may be able to expedite the request by paying for a faster service. 4. Consult an Experienced Lawyer or Consultant Although you can apply for a record suspension on your own, it may be beneficial to consult with a legal professional or a licensed immigration consultant who specializes in record suspensions. An experienced lawyer can ensure that your application is properly prepared, helping to avoid errors and omissions that might slow down the process. Consultants are well-versed in navigating the complexities of the record suspension process and can provide valuable advice on how to present your case effectively. They can also help identify any potential issues that might delay your application and offer solutions to address them. 5. Follow Up Regularly Once your application is submitted, stay in touch with the Parole Board of Canada. Regularly following up on the status of your application can ensure that any issues are identified early and addressed quickly. While the PBC does not typically provide updates until a decision has been made, staying proactive and organized may help facilitate quicker processing. Conclusion The record suspension process in Canada can take several months to complete, but by being diligent and proactive, you can help speed up the process. By ensuring that your application is complete, accurate, and free of legal obstacles, you increase your chances of having your record suspension processed efficiently. The benefits of a record suspension are significant, offering individuals a fresh start and the ability to move forward without the burden of a criminal record. By following the steps outlined above and avoiding common pitfalls, you can ensure a smoother, faster process toward clearing your criminal record and regaining your freedom.

On October 17, 2018, Canada made history by becoming the second country in the world to legalize cannabis for recreational use nationwide, following Uruguay’s path. The Cannabis Act (Bill C-45) legalized the production, distribution, sale, and consumption of cannabis for individuals aged 18 or 19 and older, depending on the province. The primary goal was to regulate cannabis use, minimize the illicit market, and ensure public health and safety. However, while cannabis legalization has undoubtedly reshaped Canadian society, it has also introduced a number of legal and social complexities, particularly in relation to criminal records. The legalization of cannabis in Canada has had profound effects on the justice system, law enforcement, and criminal records. This blog post will explore how the new cannabis laws impact criminal records in Canada, focusing on how individuals with previous cannabis-related convictions are affected and the steps they can take to clear their records. We will also discuss the nuances of cannabis-related offenses under the new legal framework and examine the broader implications for Canadian society. Understanding the Legalization of Cannabis in Canada Before delving into how the new cannabis laws affect criminal records, it is important to understand what cannabis legalization actually entails and how it affects the legal landscape. Under the Cannabis Act, adults in Canada are legally allowed to: Possess up to 30 grams of dried cannabis or its equivalent in public. Cultivate up to four plants per household for personal use. Purchase cannabis from licensed retailers. Consume cannabis in private residences and other permitted public spaces. Despite these allowances, cannabis use remains illegal in some contexts, particularly when: Driving under the influence of cannabis, as it is prohibited and considered a criminal offense under Canada’s impaired driving laws. Cannabis is consumed in public spaces where local municipalities have banned such activities. Possession exceeds the legal limit of 30 grams, or cannabis is transported across provincial or international borders. Cannabis and Criminal Records: What Has Changed? Prior to legalization, individuals who were caught in possession of cannabis or involved in other cannabis-related criminal activities were subject to prosecution under the Controlled Drugs and Substances Act (CDSA). For many, a conviction for possession, trafficking, or production of cannabis resulted in a criminal record, which could have long-lasting consequences on their employment opportunities, travel abilities, and personal reputation. Since the cannabis laws have changed, individuals who had previously been convicted of offenses related to cannabis may now be wondering how those convictions are treated under the new legal framework. The Canadian government has taken several steps to address the impact of cannabis legalization on criminal records, and understanding these changes is crucial for anyone with a past cannabis conviction. The Expungement and Record Suspension Process One of the most significant outcomes of Canada’s legalization of cannabis is the creation of opportunities for individuals with past cannabis convictions to have their criminal records cleared or suspended. This process aims to ensure that people who were previously convicted of offenses that are no longer illegal are not unfairly burdened by a criminal record. 1. Expungement for Simple Possession Convictions For individuals who were convicted of simple possession of cannabis (i.e., possessing 30 grams or less of cannabis for personal use), the Canadian government has implemented a pardon or expungement program. Simple possession was the most common cannabis-related offense prior to legalization, and the government recognized that people convicted of this offense should not be penalized now that cannabis is legal. Under the Cannabis Act, individuals who were convicted of simple possession of cannabis can now apply for expungement, which involves removing the criminal record entirely. This process allows eligible individuals to erase the conviction from their criminal history, effectively “clearing” their record. Expungement can be particularly impactful for those who have struggled with finding employment or traveling due to a cannabis-related conviction. Expungement is typically available to individuals who meet the following criteria: They were convicted of simple possession of cannabis (possessing 30 grams or less) under the Controlled Drugs and Substances Act (CDSA) before the Cannabis Act came into force in 2018. The individual has served their sentence (if applicable), and there are no other criminal offenses in their record. They are able to provide proof of the conviction and have not been involved in any other criminal activities since their conviction. The expungement process is free of charge and is handled by the Parole Board of Canada. It is important to note that expungement only applies to convictions for simple possession; more serious offenses related to cannabis production, trafficking, and distribution may not be eligible for expungement, though these cases could still be eligible for record suspensions. 2. Record Suspension for Other Cannabis Offenses For individuals convicted of cannabis-related offenses that are more serious than simple possession, such as trafficking, production, or distribution of cannabis, the option available is a record suspension (formerly known as a pardon). A record suspension does not erase the criminal record but instead sets it aside, meaning that the individual will no longer be subject to the usual penalties associated with having a criminal record, such as difficulty finding employment or crossing international borders. A record suspension for cannabis-related offenses is similar to the regular record suspension process in Canada, but with an important difference: The waiting period for eligibility may be shorter than it would be for other types of criminal convictions. Generally, to be eligible for a record suspension, individuals must meet the following criteria: They must have completed their sentence, including any fines, probation, or parole conditions. They must not have committed any further offenses during the waiting period (typically 5 years for non-serious offenses, such as simple possession, and 10 years for more serious offenses, like trafficking). They must submit an application to the Parole Board of Canada (PBC) for a record suspension, which includes providing necessary documentation and evidence of rehabilitation. While the legalization of cannabis has provided an opportunity for many individuals to clear their criminal records, it is important to note that record suspension applications still require a rigorous process and may involve fees for processing. Impact on Employment, Travel, and Social Stigma For those who have a criminal record related to cannabis, whether from simple possession or more serious offenses, the effects of that record can be long-lasting. A criminal record can significantly impact a person’s ability to find work, travel internationally, and fully reintegrate into society. 1. Employment In Canada, many employers conduct criminal background checks as part of the hiring process. For individuals with cannabis-related convictions, a criminal record can create barriers to securing jobs, especially in sensitive sectors like healthcare, education, or positions that involve working with vulnerable populations. A record suspension or expungement can provide individuals with a fresh start, making it easier to pursue employment opportunities without the stigma of a criminal record attached to their name. 2. Travel Individuals with cannabis-related convictions may face challenges when trying to travel internationally. For instance, the United States has stringent immigration laws, and individuals with cannabis convictions may be denied entry, even though cannabis is legal in Canada. A cleared record—whether through expungement or a record suspension—can significantly improve an individual’s ability to travel freely without encountering obstacles at border crossings. 3. Social Stigma While cannabis is now legal in Canada, the stigma surrounding cannabis use remains in certain sectors of society. This stigma can be exacerbated by a criminal record, particularly for individuals who were convicted of offenses before cannabis was legalized. Expungement and record suspension help remove this burden and offer individuals the chance to move forward without being judged solely for their past actions. Ongoing Challenges and Considerations Despite the positive impact of cannabis legalization on criminal records, there are still challenges to be addressed. For one, the process of applying for expungement or a record suspension can be complex and time-consuming. Additionally, individuals who were convicted of serious cannabis offenses, such as trafficking, may still face long-lasting consequences, even if the offense is no longer considered illegal. Finally, as cannabis remains illegal in many other countries, individuals with cannabis-related criminal records may still encounter difficulties when trying to travel internationally. Conclusion Canada’s new cannabis laws have brought about a significant shift in how cannabis-related offenses are treated within the criminal justice system. The legalization of cannabis has allowed many individuals with past cannabis convictions to clear their criminal records through expungement or record suspensions. This legal transformation offers individuals a chance to rebuild their lives, free from the stigma of a criminal record. However, navigating the process of clearing a criminal record can be challenging, and not all cannabis-related offenses are eligible for expungement or record suspension. It is crucial for individuals with past cannabis convictions to understand their rights and explore the available legal avenues for clearing their records. With the right information and support, Canadians can fully benefit from the country’s progressive approach to cannabis legalization while overcoming the barriers posed by their past convictions.