In Canada, removing a DUI (Driving Under the Influence) conviction or any other criminal offense from your record is achieved through a record suspension, formerly known as a pardon. While the term “pardon” is still used informally, legal terminology now primarily refers to “record suspension.” This article provides a comprehensive guide to the steps involved in removing a DUI conviction from your criminal record.
Steps to Remove a DUI from Your Criminal Record
Removing a DUI from your record requires careful adherence to the process outlined by the Parole Board of Canada (PBC). Here are the key steps:
1. Determine Your Eligibility
To qualify for a record suspension, you must meet the following criteria:
- Complete Your Sentence: Serve all portions of your sentence, including jail time, probation, or community service.
- Pay Fines and Restitution: Settle any financial penalties associated with your conviction.
- Satisfy the Waiting Period: The waiting period after completing your sentence is usually five years for summary offenses and ten years for indictable offenses. DUI offenses generally fall under the indictable category.
Understanding the eligibility requirements can help you prepare effectively. If you’ve been charged with a DUI, our guide on steps to take after being charged can assist you in managing your case from the start.
2. Obtain and Complete the Application
The application package is available on the Parole Board of Canada’s website. It includes:
- Forms: These require detailed and accurate information about your conviction and rehabilitation.
- Instructions: Carefully follow all guidelines to ensure your application is error-free.
3. Gather Supporting Documents
The following documents are typically required:
- Court Records: These verify your conviction and sentence details.
- Police Records: Fingerprint-based checks confirm your criminal history.
- Additional Documents: As specified in the application package.
If your DUI conviction stemmed from unique circumstances, such as being charged for sleeping in your car while intoxicated, ensure your documentation reflects these nuances.
4. Pay the Application Fee
The PBC charges an application fee for processing record suspensions. Ensure you check the current fee structure and include proof of payment when submitting your application.
5. Submit Your Application
Once you’ve completed the forms and gathered all necessary documents:
- Send your application package to the PBC.
- Use registered mail or a courier service to guarantee safe delivery.
6. Review and Decision
The PBC will:
- Review your application and verify your compliance with all requirements.
- Contact you for clarification if needed.
- Decide whether to grant the record suspension based on your rehabilitation and adherence to legal obligations.
For more insights into the legal process, visit our guide on beating a DUI charge in British Columbia. This resource explains common defense strategies that can also support your case for record suspension.
It’s important to note that the process and requirements for obtaining a record suspension can change, and it is always recommended to consult the official Parole Board of Canada website or seek legal advice to ensure you have the most up-to-date and accurate information for your specific situation.
How Hard is it to Get a Record Suspension?
Obtaining a record suspension, formerly known as a pardon, for a DUI conviction in Canada is not necessarily easy but it is possible under certain circumstances. The process and requirements can be complex and may vary depending on the specific details of your case.
Two things you can do to make a record suspension easier for you are to comply with law enforcement and to have impeccable documentation.
Demonstrating compliance with the law and good behavior following your conviction can positively influence the decision to grant a record suspension. This includes maintaining a clean driving record, fulfilling any required counseling or treatment programs, and not being involved in any other criminal activity.
Our guide on understanding your first DUI offence in British Columbia provides additional tips on navigating life after a DUI conviction.
Additionally, the application process requires gathering and submitting various supporting documents, such as court records, fingerprints, and character references. Accuracy and completeness of the application are crucial, as any errors or omissions can lead to delays or potential rejection.
While it is possible to obtain a record suspension for a DUI conviction, it is essential to consult the official resources, such as the Parole Board of Canada, to understand the specific requirements and processes involved. Additionally, seeking legal advice from a lawyer specializing in criminal record suspensions can provide valuable guidance throughout the application process.
Legal Assistance with Record Suspensions
Navigating the record suspension process can be overwhelming, but you don’t have to do it alone. Dhanu Dhaliwal Law Group specializes in helping clients clear their records and move forward with their lives. Co-founder Rob Dhanu is a leading criminal defense attorney in British Columbia with a proven track record of success, including cases involving advanced defense strategies like the Carter Defence.
Whether you need guidance on meeting eligibility requirements or assistance with completing your application, our team is here to help. Contact us today to learn more about how we can assist you in removing a DUI conviction from your record and reclaiming your future.
