Understanding DUI and Pardons in Canada

A DUI (Driving Under the Influence) conviction can have severe impacts on your life, including travel restrictions and employment challenges. In Canada, having a criminal record for a DUI can hinder many opportunities. A pardon (which is now formally called a record suspension) can help seal your criminal record under the Criminal Records Act. This means that your DUI conviction will not show up in most background checks.

Benefits of a Pardon

  • Improved Employment Opportunities: Many employers require a clean record.
  • Travel: A pardon may allow you to cross borders more easily.
  • Peace of Mind: Knowing your past mistakes won’t haunt you.

How to Apply for a Pardon

  1. Gather Documents: Get your criminal record and court information.
  2. Complete the Application: Fill out forms from the Parole Board of Canada.
  3. Pay the Fee: Fees are required for processing the application.
  4. Wait for Processing: Approval can take several months.

Eligibility Criteria for DUI Pardons

To be eligible for a DUI pardon in Canada, you must understand the types of DUI convictions and the severity of the offence. This section will guide you through what you need to know.

DUI Charges and Eligibility

Your eligibility for a DUI pardon depends on the type of conviction you have. DUI convictions can include Impaired Driving, 80 or over, and Refusal to Take a Breathalyzer/Intoxilyzer Approved Screening Device Test.

First offences are treated more leniently than repeat offences. A first offence DUI may have a shorter waiting period before you can apply for a pardon.

The severity of your offence affects your eligibility. DUI offences in Canada are classified as either Summary Offences or Indictable Offences.

  • A Summary Offence is less severe and usually involves a shorter waiting period for pardon eligibility. These are generally first-time, less serious incidents.
  • An Indictable Offence is more severe and involves a longer waiting period. This includes DUI cases with accidents, injuries, or repeat offences.

 

The Role of the Parole Board of Canada

The Parole Board of Canada (PBC) plays an important role in dealing with DUI pardons. It is the federal authority that reviews applications for Record Suspensions.

A Record Suspension can remove barriers for individuals who have been convicted of a DUI. By granting a suspension, the PBC allows you to more easily find work and volunteer opportunities.

If you qualify, you can apply to the Parole Board of Canada. They will review your application, ensuring that you meet all the requirements.

The PBC looks at several factors when reviewing applications:

  • The nature of the offence
  • The length of time since the conviction
  • Evidence of good behaviour

You must pay a fee and submit a detailed application. This includes personal references and proof of payment of any fines. Once granted, a Record Suspension can help seal your criminal record. The PBC ensures that your record is not accessible for most purposes, helping you to rebuild your life.

 

Steps to Apply for a DUI Pardon in Canada

Applying for a DUI pardon in Canada involves several detailed steps, including starting the application process, using a guide, paying required fees, and completing police and background checks. Each step aims to ensure the accuracy and thoroughness of your record suspension application.

  • Beginning the Application Process

Start by obtaining your criminal record from the RCMP. You can request this by submitting your fingerprints at your local police station. Next, gather court documents related to your DUI conviction. This includes the indictment and the court’s final decision. You will also need a local police records check from where you currently live.

  • Record Suspension Application Guide

The Record Suspension Application Guide is essential. It details the paperwork needed and the steps to complete your application. Review the guide thoroughly. You’ll find that it provides specific instructions on filling out forms, organizing documents, and submitting your application to the Parole Board of Canada. Make sure you follow every step precisely.

  • Application Fee

You must pay a processing fee when submitting your application. As of 2024, the Application Processing Fee is $657.77. If you’re facing financial hardship, you can apply for an Application Fee Reduction. This requires detailed financial information demonstrating your need. Always keep receipts and proof of payment.

  • Police Checks and Background Verification

Your Police Checks and background verification are crucial parts of the process. The RCMP will verify your criminal record, while local police will provide records from your place of residence. Ensure all checks are up to date. Also, obtain any required Background Checks to confirm that there are no new charges or pending cases.

 

Supporting Documents for Pardon Applications

Record Suspension Application: This is the first step in the process. You need to fill out and submit this form correctly to the Parole Board of Canada.

Fingerprints: You must submit your fingerprints. This ensures that your identity is verified and that all relevant criminal records are accounted for.

Police Checks: Local police checks are required. You must get police checks from every place you have lived in the past five years. These checks must show any interactions with law enforcement.

Court Documents: Obtain court documents for each offence. These documents include case history, judgments, and any conditions you had to follow.

Proof of Payment of Fines and Fees: You need to show that you have paid all fines, fees, and restitution related to your DUI offence.

Proof of Completion of Sentence: This includes confirming that you have completed any probation, community service, or other sentencing requirements.

 

Timeline for DUI Pardons

Applying for a DUI pardon in Canada can take some time. Below is an overview of the different phases involved.

  1. Waiting Period:

You must wait a minimum of 5 years after completing your sentence before you are eligible to apply for a pardon. This includes any jail time, driving prohibition, probation, and payment of fines.

  1. Gathering Documents:

Collect all required documents. This process usually takes 2 to 3 months. Essential documents include:

  • Court records
  • Fingerprints
  • Police checks
  1. Submitting Your Application:

Once you have all your documents, you submit your application to the Parole Board of Canada. Ensure all information is accurate to avoid delays.

  1. Processing Time:

The Parole Board will review your application. This can take about 6 to 12 months. They will check your criminal record and any other documents you provided.

  1. Decision:

If approved, you will receive a notice of record suspension. This erases your DUI from many public record searches. If denied, you will be informed about the reasons.

Frequently Asked Questions

The waiting period is typically five years. This waiting period starts after the sentence is completed, including fines, driving prohibition and probation.

First, gather your documents, including court records and police checks. Then, fill out the application forms from the Parole Board of Canada. You will need to pay a fee and submit your application for review.

There is a standard application fee, which is currently $657.77. You might also incur additional costs for obtaining necessary documents, such as court records and local police checks.

Yes, you can apply on your own. While some people hire legal help, it’s not required. The government provides detailed instructions to help you through the process.

Several factors are considered. These include the nature of the offence, your behaviour since the conviction, and how much time has passed. The Parole Board assesses each application on a case-by-case basis.