Will I have to wait another two years until I can get a pardon for a DUI ?

Question

I payed my fine 12 months ago and completed my one year drivers suspension last september. I have been told that it takes 3 years to get a pardon - my offence was summary conviction so it is 3 years not 5. Can I get one faster based on the type of employment I am involved in as I need a clear abstract and criminal record. Alot of employers have mentioned pardons. This is really starting to worry me. I have no other criminal records and so am wondering if I can do something to speed this up.

Answer 1

I also answered this when you posted the question again ...

If you’re facing a criminal charge, a criminal record is a serious concern. A criminal record can affect immigration status, an application for citizenship, employment, and international travel.

With one exception (which will be discussed below), once you have a criminal record it is permanent unless a Pardon is granted. For summary conviction offences (those that are considered less serious), an application for a Pardon can be made three years after the completion of the sentence. For indictable offences (the more serious offences), the waiting period is five years following the completion of the sentence.

The Pardon application process is long and can take over two years before a final decision is rendered. In the case of summary conviction offences, once the pre-conditions are met, the Pardon must be granted. This is not so for indictable offences. In these cases, the granting of a Pardon is a discretionary matter. This discretion is exercised based on a finding of good conduct of the applicant.

Contrary to popular belief, the granting of a Pardon does not result in the destruction of the criminal record. Upon the granting of a Pardon the record of convictions is to be kept separate and apart from other criminal records. The record shall not be disclosed nor shall the existence of the record or the fact of the conviction be disclosed.

There are limitations to a Pardon. First, the Criminal Records Act, the authority under which Pardons are granted, only applies to records of the federal services, and departments or agencies of the government. Therefore, records kept by other bodies such as municipal police forces may not be in compliance with the same restrictions. Secondly, a Pardon may be revoked or cease to have effect under certain conditions. Thirdly, non-US authorities are not obliged to recognize a US Pardon. For instance, Canadian authorities at the Canada-U.S. border may disallow entry to Canada based on a US conviction despite the fact that it has been Pardoned.

The one situation in which an application for a Pardon is not required is where a person has been granted a discharge. A discharge may be granted following a finding of guilt by the court. It can either be absolute or conditional. Conditional discharges are accompanied by periods of probation. With a discharge, there is no conviction. Therefore, one can rightly state that he or she has not been convicted of an offence. However, the discharge does result in a criminal record.

In the case of an absolute discharge, all reference to it is removed from the system after one year and its existence cannot be disclosed. For conditional discharges, the waiting period is three years. This is an automatic process and does not require a formal application.

To gain a complete and accurate understanding of how a criminal record may affect you, a criminal lawyer should be consulted.

Answer 2

WOW! 3 weeks previous! Congrats! i imagine you ought to offer it your time. immediately your son continues to be small and isnt that a lot of a hand finished and sleeps alot, and quite user-friendly, regardless of the indisputable fact that it is going to change quickly. There are going to be a good number of sleepless nights, crying till eventually all hrs of the morning, ear aches, teeth aches, etc etc... It takes an finished 2 years for a womans body to get again to a pre-baby start state. Alot of females get pregnant before then and performance healthful chuffed little ones... yet for a moms body, its best to attend 2 years. I say supply it your time, attempt the waters of motherhood for a lengthy time period (into toddler years hehe) and then make an counseled decision. I have a daughter who's purely about 2 years previous and that i recognize her to lack of life, yet OH she is better than 2 handfuls. My hubby and that i talked about ttc again, yet we determined it should be best to attend slightly longer and get by skill of school with a view to larger effective our relatives and then boost... its not a similar for each body via any skill regardless of the reality that. solid success.