Area of Law: Criminal Records
Answer # 2187
What happens if a Record Suspension application is denied?Region: Ontario Answer # 2187
To understand what happens if the Parole Board (PBC) denies an application, it is first important to know the difference between an application being rejected and being denied.
Accepted or rejected:
When a Record Suspension (RS) application is submitted to the PBC, it is reviewed to see if it is complete and if the person is eligible. If both of these criteria are met, the application is accepted for processing. If the application is not complete or if the eligibility waiting-period has not been met, the application will be rejected and sent back to the applicant. Historically, about 25% of the applications submitted are rejected.
Having an RS denied means that the application was accepted for processing, and that the PBC officer, after completing his or her evaluation, determined that it should not be ordered. Almost all denials are based on the PBC officer discovering something that shows the applicant is not of good conduct, such as being involved in subsequent criminal activity.
Before an RS is denied, the PBC officer sends a letter to the applicant stating that it is proposing to deny the application. The letter will explain the basis for the denial and give the applicant a time frame (usually sixty-days) in which to respond. It is up to the applicant to give a compelling reason as to why an RS should still be ordered. If the PBC ultimately denies the RS application, the applicant must wait at least one year from the date of the PBC decision to reapply.
If you have been charged with a criminal offence, refer to our criminal law section.
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