Generally speaking, if you have a criminal record, you are inadmissible to Canada. However, you may challenge your criminal inadmissibility. The purpose of challenging criminal inadmissibility is to show that you are a law-abiding individual.
HOW TO CHALLENGE CRIMINAL INADMISSIBILITY
There are two possible solutions: a record suspension (formerly known as a pardon) and criminal rehabilitation.
Record suspension
A record suspension overcomes inadmissibility for crimes convicted in Canada. If you committed or were convicted of a crime outside Canada, you are not eligible for a record suspension.
Only the Parole Board of Canada can issue a record suspension.
To be eligible for a record suspension, you must
1. Have completed all sentences that may include, but not limited to, fines, surcharges, costs, restitution, compensation orders, imprisonment, conditional sentences, and/or probation.
2. Have waited for five (5) years for a summary offence, or 10 years for an indictable offence, after you completed all sentences. The waiting period may be different if the date when you committed your most recent offence is on or before March 12, 2012.
You are not eligible for a record suspension if you were convicted of
1. Offence involving a child (Schedule 1 Offence), or
2. Four (4) or more offences prosecuted by indictment, and EACH with two (2) years or more imprisonment.
Criminal rehabilitation
If you were convicted of or committed a crime outside Canada, you shall apply for criminal rehabilitation.
There are two types of criminal rehabilitation: individual rehabilitation and deemed rehabilitation. You only need to apply for individual rehabilitation, whereas the other type is deemed (or implied).
You shall submit your rehabilitation application to Immigration, Refugees and Citizenship Canada (IRCC).
The eligibility requirements for criminal rehabilitation vary based on the following factors:
1. The type of the offence that is equivalent to an indictment or summary conviction in Canada, and
2. The number of offences.
Similar to a record suspension, there is also a waiting period. The waiting period is 5 years after either completion of all sentences or commission of the offence.
WHAT WE CAN DO TO HELP YOU
To address criminality inadmissibility, you must know the Canadian criminal law, and sometimes, the foreign criminal law. We personalize our services for you based on your specific case, which may include any of the followings:
1. Help you determine your eligibility for a record suspension or criminal rehabilitation,
2. Conduct legal research regarding Canadian and foreign criminal law,
3. Help you gather the required evidence. If the evidence is not available, provide you with advice as to how to preserve and obtain it,
4. For deemed rehabilitation, address it properly,
5. Provide other advice and instructions as needed, and
6. Complete, prepare, organize, and submit your application on your behalf.
Book an appointment for an initial assessment today or contact us directly.
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