DUI Expungement, Pardons, Record Suspensions in Canada

A record suspension is a formal way of hiding a criminal record from the Canadian police database. Remember, it only hides your DUI record from background checks; it is sealed but never deleted. To be eligible for a record suspension, you must have satisfied all your legal obligations: paying fines, probation orders, or driving restrictions. Approval may vary depending on the severity of your case. When you are eligible to apply for a record suspension, it varies. However, it is typically five years for summary offences and ten years for indictable offences.

Who Qualifies for DUI Expungement (Record Suspension)?

Eligibility Criteria

The eligibility criteria is relatively simple: you must have completed your DUI sentence, whether that be a probation period, a driving restriction, or paying a fine. Then you must wait out the waiting period. You must not have been convicted of any new criminal charges during this duration.

Types of DUI Offenses that qualify

DUIs that are first-time offences and ones that do not have aggravating factors, such as no casualties or injuries, were involved, are easier to remove from your criminal record. However, all forms of DUIs can be removed, but it may be more difficult if you have multiple convictions or any aggravating factors.

When a Record Suspension May be Denied

If you still have any incomplete obligations from the court, like any outstanding fines or incomplete probationary requirements. Another reason may be if you are a repeat DUI offender and have multiple convictions on your record.

Benefits of Getting a DUI Expunged (Record Suspension)

Improved Employment Opportunities

Once you get a DUI record suspended, that can increase your employment opportunities since it hides your criminal background from potential employers. Gaining employment where you are required to drive or travel might become much more accessible.

Ability to Travel

A criminal record may restrict your ability to travel to places like the US, especially if you do not have all your official court documents. Getting a record suspension will make your ability to travel easier, and you will need to spend less time worrying about ensuring documentation is in order and more time enjoying your travel.

Restoration of Reputation and Privacy

A person with a DUI or even a criminal record is often stigmatized. A criminal record can limit one’s ability to work, travel, and how others perceive you. However, receiving a record suspension can help restore one’s reputation and privacy, as it hides the criminal record.

Steps to Apply for a DUI Record Suspension In Canada:

Step 1: Obtain your Crimininl Record and Court Documents

The first step is to get a copy of your criminal record from your local police station or the online database and any relevant court documents for your offence, such as penalties, payments, victim surcharges and compensation.

Step 2: Fill out the Record Suspension Application

You can complete the application form once you have received all the relevant documents. Ensure you complete all the information accurately and completely.

Step 3: Submit the Application to the Parole Board of Canada

Once you filled out the application and attached any necessary documents, pay the application fee, and you can submit it.

Step 4: Wait for Processing

Processing times can vary, but the wait time is typically 6-12 months. This number may change depending on the complexity of your case.

Cost of DUI Expungement (Record Suspension) In Canada:

Application Fee

The initial cost of having your DUI record suspended is $50 for the application. The application fee can be paid via credit card, money order, certified cheque, or bank draft payable to the receiver general of Canada.

Additional Costs

There would be additional costs for obtaining the criminal record, court documents, and fingerprints.

Legal Fees (Optional)

Your costs will increase if you seek a lawyer’s assistance or a record suspension service. However, it will simplify the overwhelming process for you and give you peace of mind that all the relevant information has been provided accordingly.

Potential Challenges and How to Overcome Them:

Incomplete Documentation

Missing or incorrect documents will delay the process and may result in a denial of the application. Criminal record checks and court documents (Penalties, fees, and sentences served) are some of the required documents. However, there could be more relevant documents.

Outstanding Fines or Incomplete Sentences

Any unpaid fines or incomplete sentences will result in a denial. It is important to ensure your legal obligations have been fulfilled before completion.

Denial of Application

Sometimes, the reason for denial can be confusing; it is important to make sure you understand the reasoning and reapply accordingly. The reason could be various issues, such as your eligibility, missing documents, or incomplete sentencing.

How a Lawyer Can Help with DUI Record Suspension?

Guiding you Through the Process

The overall process can be overwhelming and stressful; having a lawyer guide you and ensure that all the documents have been requested and the application has been correctly filled out and submitted can make the process much easier.

Addressing Potential Issues Before They Arise

A lawyer will be able to advise you of your eligibility beforehand and will be able to provide you with the required documentation.

Representing You if the Application is Denied

If your application is denied, a lawyer can advise you of the next steps and potentially reapply to fix any issues that may have caused the denial. There may have been some critical information you overlooked or missed.

Conclusion:

Having a DUI criminal record can be a stressful situation, and it can be overwhelming as well. A record suspension can be beneficial as it allows you to improve your employment opportunities, increase your ability to travel freely and restore your reputation. A record suspension offers a fresh start to your life, but remember, this does not delete the record; it hides it. There can be many different challenges that can arise from filling out the record suspension application. Book a free consultation today and see how we can help you.