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How to figure a timeline; Parts 1, 2 and 3

By now, most know a waiting period of either 5 years (for summary offences) or 10 years (for indictable offences) must be completed before the Parole Board of Canada will order - or refuse to order - a record suspension. The question I often get is: “When does the waiting period start?” It’s simple to figure out if you know the rules.

Let’s set up a situation using these parameters:

arrested – 07 June 2007 for mischief

sentence date - 25 January 2008

disposition - 12 months of probation and a $200 fine

type of conviction – summary

 The waiting period starts from the date of sentence (not the date arrested or charged) so the ‘start’ date is 25 Jan 2008. The disposition included 12 months of probation and a fine. The probation begins on the sentence date. By 26 Jan 2009, probation is over and the 5 year waiting period (it’s a summary offence so the 5 year term is appropriate) begins. As long as the fine was paid within the probationary period, an application for a record suspension can be made on or after 27 Jan 2014.

Two things to remember…the waiting period always starts the day after any probation ends and probation begins the day of sentencing.

It’s important to get the fine paid before the probation ends and I’ll tell you why in the next installment.

Part 2                                                             23 Apr 2013

We’re going to make one change with the situation and it has to do with the fine payment. You will recall the waiting period (5 years in this summary conviction), begins after any probation ends. In this case, that means from 25 January 2008 to 25 January 2009 you are on probation. That means during that year – from 25 Jan 2008 to 25 Jan 2009 – you can pay your fine. Paying the $200 fine within that year means you have satisfied all conditions of your sentence and therefore, the waiting period starts when it should – 26 Jan 2009, and if you remain a good, stand-up citizen, no negative contact with police authorities and no bad reports, you will be eligible to apply for your record suspension (rs) 27 Jan 2014. Most courts accept Visa, MC or cash. Courts give receipts but never invoice anyone… a Canadian court will not send out a reminder that you still owe monies on any judgement handed down in their court.

Okay, keeping that in mind, let’s make the change to the fine payment. Say you were on a budget back in 2008 so you decided to make 4 equal payments of $50 every three months. You started out ok but by July or August a payment was missed and in December of 2008 you missed another. (recap: you paid $50 in Jan 2008 and another $50 in Apr 2008 and missed the last two payments…$100 of your $200 fine is still outstanding)

It’s now past the probation period, it’s Mar 2009 and you did well while on probation… you remained a good, stand-up citizen, no negative contact with police authorities, no bad reports… but you have not completed your sentence as you have not paid your fine in full. When you do pay the remaining $100, the 5 year waiting period begins.

As time goes by, you begin to live your life, perhaps get married, take some courses and maybe even start your own business. You become successful and then one day in July, 2012, you get a call from that client you have been after and they want to sign a contract for your services. However, the client’s company has a policy that only those with a clear background check are allowed to work on their projects. As you will be their contact for all of Ontario, they request you get a Canadian Police Information Center (CPIC ) completed and back to them asap.

You come to us at Impact Pardons Plus (IPP) to get a routine CPIC or background check done and within 3 hours - IPP gets the results pretty fast – your CPIC comes back with a statement something like…”There may or may not be a criminal record associated with this name and date of birth. Further fingerprint information is required.”

You contact Impact Pardons Plus and ask, "What do I do from here?"

Part 3                                                                         24 Apr 2013

At IPP the next step is simply asking a few questions. One of those questions is, "Have you paid all fines, surcharges, restitutions, compensations and completed all orders of the court?" If you answer "Yes", it is suggested we go ahead with a record suspension application, discuss payments, costs, disbursements, take prints, etc. and we go forward with a record suspension application. It may take

2-3 months to prepare the application and up to a further 6 months for the PBC to decide your case.

If you answer "No" or "I'm not sure.", IPP - with your permission - will contact the court to determine the status of your sentence. If there are outstanding fines, surcharges, etc... then your sentence is incomplete. Upon discovering the outstanding $100 fine, I would regrettably have to inform you if paid today, the earliest you could expect to apply for a record suspension, would be 5 years from tomorrow. 

At this point, the PBC rule requiring the sentence to be 'complete', and then the waiting period begins, sinks in, and it is devastating. 

If you have a criminal record, it's best to take positive action now to clear it so when the 'big break' for you and your family is at your front door, you will be able to take advantage of it. IPP can help you do that. Give us a call.

...and thanks for reading.

If you would like help with finding out exactly what all this means to you and your application, get in touch. IPP can help.
Phone the MFRC to set up a free 30 minute consult or call Impact Pardons Plus(IPP) at:
  343 333 1778 (a local call)

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How to figure the timeline for your rs…part 1

By now, most know a waiting period of either 5 years (for summary offences) or 10 years (for indictable offences) must be completed before the Parole Board of Canada will order - or refuse to order - a record suspension. The question I often get is: “When does the waiting period start?” It’s simple to figure out if you know the rules.

Let’s set up a situation using these parameters:

arrested – 07 June 2007 for mischief

sentence date - 25 January 2008

disposition - 12 months of probation and a $200 fine

type of conviction – summary

The waiting period starts from the date of sentence (not the date arrested or charged) so the ‘start’ date is 25 Jan 2008. The sentence included 12 months of probation and a fine. The probation begins on the sentence date. By 26 Jan 2009, probation is over and the 5 year waiting period (it’s a summary offence so the 5 year term is appropriate) begins. As long as the fine was paid within the probationary period, an application for a record suspension can be made on or after 27 Jan 2014.

Two things to remember…the waiting period always starts the day after any probation ends and probation begins the day of sentencing.

It’s important to get the fine paid before the probation ends and I’ll tell you why in the next installment.

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Want to apply for a record suspension?

From the Parole Board of Canada (PBC)...

Before a person is eligible to apply for a record suspension, he/she must have:

completed all sentences, and

waited a certain period from the completion of all sentences.

When is a sentence completed?

·         When a person has paid all fines, surcharges, costs, restitution and compensation orders in full;

·         When a person has served all sentences of imprisonment, conditional sentences, including parole and statutory release;

·         When a person has satisfied his/her probation order(s).

What is the waiting period?

·         5 years for a summary offence (or a service offence under the National Defence Act).

·         10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).

If you would like help with finding out exactly what all this means to you and your application, get in touch. IPP can help.

Phone the MFRC to set up a free 30 minute consult or call Impact Pardons Plus(IPP) at:  343 333 1778 (a local call)

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Charged but not convicted...

If you were charged with a criminal offence and not convicted then you would have a 'non-conviction' record. This non-conviction can show up on a variety of background checks, including those used for employment. These non-conviction charges go by various names...withdrawn, stayed, dismissed or quashed. If you would like help with your non-conviction record, get in touch. IPP can help.

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The best answer....

Thanks to everyone who responded. The best answer turns out to be the right answer....VMTs means: Very Many Thanks.

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