In Canada, the process of removing a DUI (Driving Under the Influence) conviction or any other criminal offense from your record is called a pardon or record suspension. While some still refer to it as a pardon, recent changes to the law have replaced the term “pardon” with “record suspension” for the most part. In this article, we’ll give a general overview of how to remove a DUI conviction from your record.
Remove a DUI from Your Criminal Record
There are a number of steps involved in getting a record suspension. Let’s take a look:
Eligibility: You must meet certain eligibility criteria to remove a DUI from your record. These criteria include completing your sentence, paying all fines and restitution, and waiting a specific period after the completion of your sentence (usually several years depending on the offense).
Obtain and complete the application: You need to obtain an application package from the Parole Board of Canada (PBC) website or by contacting them directly. The application package will contain the necessary forms and instructions for completing them. It is crucial to carefully follow the instructions and provide accurate and complete information.
Gather supporting documents: You will need to gather supporting documents such as court records, fingerprints, and any other relevant documents specified in the application package. These documents may be required to verify your conviction, sentence completion, and compliance with all legal obligations.
Pay the application fee: There is an application fee associated with the record suspension process, which must be paid at the time of application. The fee amount may vary, so it’s important to check the current fee structure with the PBC.
Submit the application: Once you have completed the application forms and gathered the necessary documents, you can submit your application package to the Parole Board of Canada. It is recommended to send it through registered mail or a courier service to ensure its safe delivery.
Review and decision: The PBC will review your application, verify the provided information, and make a decision on whether to grant the record suspension. They may contact you for further information or clarification if required.
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.
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.
You’ve come to the right place for this – Dhanu Dhaliwal Law Group can help you with your record suspension and work with you to get your DUI removed. Co-founder and partner Rob Dhanu is among the top criminal defence attorneys in BC, and has taken cases all the way to the Supreme Court.
Get in touch with our team by filling out our contact form or by calling our office today.
