Area of Law: Criminal Records
Answer # 2181
When should someone start preparing a Record Suspension application?Region: Ontario Answer # 2181
Given the importance of obtaining a Record Suspension (RS), individuals should start collecting the necessary documents well in advance of their eligibility date – except, of course, for documents that expire, which should only be obtained close to the submission date. Collecting documents in advance will not change the eligibility date, but the benefit is that the file will be prepared and ready for submission, as soon as the waiting period is met.
Further, analyzing all the necessary documents in advance may lead to the discovery of problems ,such as an unpaid fine, which can then be remedied before the application is made. Indeed, analyzing the criminal record in advance, may lead to the discovery that the person was not even convicted, and therefore needs a destruction or purge, both of which can be requested much sooner than an RS.
At the very least, preparing an RS application in advance gives people hope and helps keep them crime-free. In turn, this will allow them to make plans, such as enrolling in education or work programs, and applying for jobs, with the knowledge that the criminal record will not be an obstacle for life.
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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