Area of Law: Criminal Records | Pardons & USA Waivers
Answer # 2177
Can someone obtain a Record Suspension for any type of crime?Region: Ontario Answer # 2177
A Record Suspension (RS) can be obtained for almost all types of crimes. However, an RS cannot be obtained for the following:
- if the person was convicted of a Schedule 1 offence under the CRA. Schedule 1 offences are mostly related to sexual offences involving children, but also include sexual offences related to young people under the age of eighteen
The exception to this rule is listed in section 4(3) of the Criminal Records Act. If the convicted person meets all of the following criteria they will be able to apply for an RS:
– if the convicted person was not in a position of trust towards the victim;
– the victim was not in a relationship of dependency with him or her;
– the person did not use, or threaten to use violence; and
– the convicted person was less than 5 years older than the victim.
- if the person was convicted of “more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.”
Once a criminal record exists, it is up to the individual to take the proper steps to have the record removed.
If you have been charged with a criminal offence, refer to our criminal law section.
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