Guide to Pardon and Waiver in Canada - Understanding the Process


 

Canada offers legal remedies for individuals with criminal records or inadmissibility issues that affect their ability to live, work, or travel freely. Pardons and waivers are two distinct mechanisms to help individuals overcome these barriers. While a Pardon (or Record Suspension) clears a criminal record for domestic purposes, a US Waiver is necessary for those deemed inadmissible to the United States. This guide provides detailed insights into what these processes entail, how they differ, and the steps involved in obtaining them.

 

What Is a Pardon (Record Suspension)?

A Pardon, officially known as a Record Suspension, is granted by the Parole Board of Canada (PBC). It allows individuals with a criminal record to have their record kept separate from public criminal databases, such as the Canadian Police Information Centre (CPIC).

Purpose of a Pardon

The primary goal of a pardon is to help rehabilitated individuals reintegrate into society without the stigma of a criminal record. Key benefits include:

  • Enhanced Employment Opportunities: Many employers require background checks, and a pardon ensures the criminal record does not appear.
  • Improved Travel Opportunities: While a pardon does not guarantee US entry, it can simplify travel to other countries.
  • Restored Rights: A pardon may restore certain rights, such as eligibility to volunteer or obtain certain licenses.

Eligibility for a Pardon

To be eligible for a pardon, you must:

  1. Complete Your Sentence:

ü  Pay all fines, restitution, and surcharges.

ü  Finish probation or parole requirements.

  1. Complete the Waiting Period:

ü  5 Years: For summary offenses (less serious crimes).

ü  10 Years: For indictable offenses (more serious crimes).

  1. Show Evidence of Rehabilitation:
    Demonstrating that you have led a law-abiding life since completing your sentence is crucial.

Cost of a Pardon

The application fee for a pardon is $50 CAD (as of 2024), payable to the Parole Board of Canada. Additional costs include obtaining documents such as court records, police checks, and fingerprints, which can vary by location.

Validity of a Pardon

A pardon has no expiration date unless revoked by the Parole Board of Canada due to a new offense or misrepresentation in the application.

Steps to Apply for a Pardon

  1. Obtain Your Criminal Record:
    Request a certified copy of your criminal record from the RCMP.
  2. Gather Supporting Documents:

ü  Court records for each conviction.

ü  Local police clearance certificates.

  1. Complete the Application Form:
    Download and fill out the Pardon Application Guide from the Parole Board of Canada’s website.
  2. Pay the Application Fee:
    Submit the non-refundable fee of $50 CAD.
  3. Submit Your Application:
    Mail the completed application and supporting documents to the Parole Board of Canada.
  4. Wait for a Decision:
    The processing time can take up to 6 to 12 months.

What Is a US Waiver?

A US Waiver is a legal document issued by the US Department of Homeland Security (DHS) that allows individuals deemed inadmissible to enter the United States. Unlike a pardon, which addresses Canadian records, a waiver is necessary for crossing the US border legally.

Purpose of a US Waiver

A US Waiver is essential for:

  • Traveling to the US: For business, tourism, or family visits.
  • Overcoming Inadmissibility: Related to past criminal convictions, immigration violations, or other legal issues.

Eligibility for a US Waiver

Anyone with a history of inadmissibility to the United States can apply for a waiver. Common reasons include:

  • Criminal convictions, such as theft, assault, or drug-related offenses.
  • Immigration violations, such as overstaying a visa.

Cost of a US Waiver

The application fee for Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) is $930 USD. Additional costs may include fingerprinting, legal consultations, and document procurement.

Validity of a US Waiver

A US Waiver is typically valid for 1 to 5 years, depending on the applicant's circumstances and the discretion of the US Customs and Border Protection (CBP).

Steps to Apply for a US Waiver

  1. Determine Your Inadmissibility:
    Understand the specific reasons for your inadmissibility under US immigration laws.
  2. Obtain Required Documents:

ü  RCMP criminal record check.

ü  Court records for all convictions.

ü  Police clearance certificates.

  1. Complete Form I-192:
    Provide detailed information about your personal history, criminal background, and reasons for seeking entry to the US.
  2. Pay the Application Fee:
    Submit the non-refundable fee of $930 USD.
  3. Submit Your Application:
    Applications are submitted at a US border crossing or preclearance facility.
  4. Wait for Processing:
    Processing times range from 6 to 12 months.
  5. Receive the Decision:
    If approved, you will receive a waiver specifying the validity period.

Key Differences Between a Pardon and a Waiver

Aspect

Pardon

US Waiver

Purpose

Clears a criminal record in Canada.

Grants legal entry to the US.

Jurisdiction

Canadian government (Parole Board of Canada).

US government (Department of Homeland Security).

Eligibility

After completing sentence and waiting period.

For individuals deemed inadmissible to the US.

Cost

$50 CAD + additional expenses.

$930 USD + additional expenses.

Validity

Indefinite unless revoked.

1–5 years.

 

Why Understanding Both Processes Matters

For individuals with a criminal record in Canada, both a pardon and a US waiver may be necessary depending on their goals. While a pardon helps in domestic reintegration and clearing the stigma of a criminal record, a US waiver is essential for international travel to the United States.

 

Understanding the differences and processes for obtaining a pardon and a waiver in Canada is crucial for individuals seeking to clear their records and regain their rights. While both processes involve time, effort, and costs, they open doors to opportunities that would otherwise remain closed due to a criminal record or inadmissibility issues. By following the steps outlined in this guide, applicants can navigate these legal remedies with greater confidence.

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