How to Apply for Criminal Rehabilitation in Canada
Criminal rehabilitation is a process in Canada that allows individuals who have committed a criminal offense to seek forgiveness and have their criminal record sealed or erased. The goal of criminal rehabilitation is to help individuals who have made mistakes in the past to reintegrate into society and lead law-abiding lives. In this article, we will guide you on how to apply for criminal rehabilitation in Canada.
Who is Eligible for Criminal Rehabilitation?
Not everyone is eligible for criminal rehabilitation in Canada. To be eligible, you must meet the following criteria:
- You must have completed your sentence, including any probation or parole.
- You must have been convicted of a criminal offense, but not a designated offence (more on this below).
- You must have been a resident of Canada for at least five years prior to the application.
Designated Offences
Some criminal offenses are considered designated offences, which means that they are not eligible for criminal rehabilitation. These offenses include:
- Murder
- Manslaughter
- Aggravated sexual assault
- Attempting to commit murder
- Attempting to commit manslaughter
- Attempting to commit aggravated sexual assault
- Sexual exploitation of a child
- Making child pornography
- Luring a child
- Traffic in persons
The Application Process
The application process for criminal rehabilitation in Canada involves several steps:
- Determine Your Eligibility: Before applying, you must determine if you are eligible for criminal rehabilitation. You can do this by reviewing the criteria outlined above.
- Gather Required Documents: You will need to gather the following documents:
- A copy of your criminal record
- A copy of your sentence and any conditions of your sentence
- Proof of residency in Canada for at least five years prior to the application
- Proof of identity
- Fill Out the Application Form: You can obtain the application form from the Parole Board of Canada website or by contacting the Parole Board of Canada office. The form will ask for personal and criminal history information.
- Submit Your Application: You can submit your application online or by mail. Online applications are recommended as they are faster and more convenient.
- Wait for a Decision: After submitting your application, you will need to wait for a decision from the Parole Board of Canada. This can take several months.
The Decision-Making Process
The Parole Board of Canada will review your application and make a decision based on the following factors:
- The nature and seriousness of the offense
- Your criminal history
- Your conduct while on parole or probation
- Your likelihood of reoffending
- Your plans for the future
If your application is approved, you will be granted a certificate of rehabilitation. This certificate is valid for five years and allows you to apply for a pardon.
Pardon vs. Record Suspension
A pardon and a record suspension are often used interchangeably, but they are not the same thing. A pardon is a formal forgiveness of a criminal offense, while a record suspension is a removal of the criminal record from public view.
How to Apply for a Pardon
To apply for a pardon, you will need to:
- Determine Your Eligibility: You must have been convicted of a criminal offense and have completed your sentence, including any probation or parole.
- Gather Required Documents: You will need to gather the following documents:
- A copy of your criminal record
- A copy of your sentence and any conditions of your sentence
- Proof of identity
- Fill Out the Application Form: You can obtain the application form from the Parole Board of Canada website or by contacting the Parole Board of Canada office. The form will ask for personal and criminal history information.
- Submit Your Application: You can submit your application online or by mail. Online applications are recommended as they are faster and more convenient.
- Wait for a Decision: After submitting your application, you will need to wait for a decision from the Parole Board of Canada. This can take several months.
Conclusion
Criminal rehabilitation is a complex process that requires careful planning and attention to detail. By understanding the eligibility criteria, application process, and decision-making process, you can increase your chances of being granted a certificate of rehabilitation and having your criminal record sealed or erased. Remember to gather all required documents, fill out the application form accurately, and submit your application online for faster processing.
