How Do I Get A DUI Off My Record In Canada?

Driving Under Influence (DUI) is considered a criminal offence in Canada, and a person convicted for DUI may end up with a Criminal Record.

Knowing how to expunge a DUI record from one’s criminal record is therefore of extreme importance.

This article is intended to provide detailed information on the procedure for expunging one’s DUI record in Canada, as well as the financial and Bureaucratic processes that may be involved.

Options For Removing A DUI From Your Record

In Canada, the only way to remove a DUI from one’s record is through a formal record suspension by the Parole Board. Record suspension, previously known as pardon, refers to removing the criminal record from criminal databases so that it is no longer visible during background checks.

This is done in recognition of the fact that the Criminal Records of the person is no longer reflective of their character, and should therefore be sealed away. This does not however mean that the records have been completely expunged, as they may still be accessible to Law enforcements agents as well as the Crown if necessary.

The records may still be released by the Crown to border authorities of other countries if the offender needs to travel.

A person will need to apply for a file destruction for their criminal records to be completely destroyed from all databases. All records including biometrics, photographs and the like will be completely destroyed from the records only if the person was never convicted. If this is done, background checks will come up clean as there will be no records of any charges that were destroyed.

Canada provides various avenues for removing a DUI conviction from one’s records; however, to be eligible for this, a person must completed their sentence as well as any fines imposed. In addition to this, the person must also go through a mandatory waiting period which is dependent on whether the person was convicted summarily or by indictment. For summary convictions, the waiting period falls between 3 – 5 years, while the waiting period for convictions by indictment can last up to 10 years especially for very grievous indictment offences. If a person has more than one criminal offence on his record, or if new offences have been committed since the DUI, the person may not be eligible for a pardon.

Record Suspension Application Process

The Parole Board of Canada’s Record Suspension Application Guide contains all the necessary information and process to apply for a record suspension. An application can be made directly, without the aid of a Lawyer or representative.

The person will need to pay an application fee of $657.77 (CDN) (this has now been reviewed to $50 (CDN)), charges for other services such as police checks, court documentation, finger printing, etc., may also be incurred. A person may need to go through these processes in order to complete application process;

• Obtain Criminal records from the Royal Canadian Mounted Police or proof of Conviction documents, if required.
• Fill the Court Information Form to obtain Court Information
• Current/Former members of the Canadian Forces may need to get a Military Conduct Sheet
• Fill the Local Police Records Check Form to obtain Local Police Record check(s)
• Photocopy of documents and credentials to support Identification
• Fill the Schedule 1 Exception Form (If Applicable) after satisfying all relevant conditions
• Fill the Record Suspension Application Form
• Fill the Measurable Benefit/Sustained Rehabilitation Form (If Applicable)
• Payment of Application Processing Fee

The Application Form can be sent via mail to the Parole Board’s office in Ontario. The process may take 6 months – 12 months upon acceptance of application depending on whether the person was convicted summarily or by indictment. If the Board intends to refuse the record suspension, the process may take up to 24 months.

Financial assistance may be available to persons seeking record suspensions. To access this, the person may need to visit their local Community Reintegration Officer in the nearest Community Justice Facility. The person may also need to provide documentary evidence of their income, assets and savings in order to be considered.

Factors Affecting the Approval of a Record Suspension

After a record suspension application has been received by the Parole Board, a review will be conducted on the basis of the documents provided and the personal investigation of the board. A person may be denied a record suspension for any of the following reasons;

• Not meeting the eligibility criteria: Providing an incomplete or incorrect registration, not completing the waiting period post-conviction, as well as recent evidence of criminality could affect your application in this regard
• Not fitting the good conduct criteria: Having any interactions with the police even if the reasons were not criminal or did not lead to any charges. Reports of public drunkenness, suspended driver’s licence, being placed under criminal investigation, etc.
• No measurable benefit: A person may be denied record suspension if the Parole Board does not see how this suspension will affect or change the perceptions of others concerning the offender. Gaining employment, achieving financial stability, as well as gaining admission for education may all serve as grounds for consideration for measurable benefit.
• Failure to Demonstrate Ability to Sustain Rehabilitation: This is particularly important with DUI cases as inability to commit to and sustain rehabilitation and counselling through visible behavioural changes can lead to a denial of request.

Conversely, a person may be able to improve their chances for approval by ensuring that they stay away from any form of misconduct and pay careful attention to the application process.

Alternative Measures For DUI Convictions

A person may choose to appeal a DUI conviction if they feel that they are innocent, they received a penalty that was too harsh, or that the judge made a mistake in his pronouncement.

Appeals are usually made to a higher court with the right authority to look into the matter. An application can also be made for expungement of the record, however this will only be done on the premise that the record was produced by an unjust conviction which is now recognized as lawful in the light of recent times. In some cases, the judge may choose to impose a conditional or absolute discharge on the case.

While both require that the offender pleads guilty of the case, a conditional discharge will require that certain conditions must be adhered to and fulfilled in order for the records to be concealed from their criminal records.

Conditions may include but are not limited to community service, attendance to counseling and rehabilitation as well as travel restrictions. The records will remain on the person’s criminal record for a period of 3years within which time the person may be placed on probation, and must adhere to the predetermined conditions.

Where the judge rules in favour of an absolute discharge, the records will only remain for a period of one year, however, no conditions will be imposed and there will be no record of arrest or convictions on their permanent record.

Impact Of Removing a DUI From Your Record

Removing a DUI conviction from one’s record may come with a lot of benefits for the offender as certain restrictions which would have been imposed on him/her by virtue of the criminal record will no longer be effected.

One of the foremost benefits is that the person would have equal opportunity to search for a job without the setbacks of a criminal record. Professional licences which may have been suspended or revoked on account of the DUI could also be released as there will no longer be a criminal record necessitating the bans and/or sanctions.

Furthermore, the difficulties that may have arisen from traveling with a criminal record may no longer apply especially for Countries like the US where a person’s criminal records may be accessible to border staff. Removing a DUI conviction from one’s record can save the person the need to apply for a US waiver in order to be granted entry in the US.

In addition, restrictions that may have been imposed on a person by their insurance companies by virtue of the DUI criminal record will no longer apply, and this is of enormous benefit as the person may no longer need to pay higher insurance premiums due to haven been placed on the higher risk category.

Conclusion

A DUI conviction is taken very seriously in Canada and the consequences and impositions on a person may be very grave. Possibilities are available for persons with DUI convictions to clear their criminal records either by applying for a record suspension, receiving a conditional or absolute discharge, or even permanently destroying and expunging the records. The benefits of getting a DUI off one’s Criminal Records cannot be over-emphasized as the person will have the opportunity to enjoy the benefits of work and travel without the rigours and impositions of a DUI Criminal Conviction on their record.

The time to act is now! Do not fail to book a free Consultation with us for further guidance on removing a DUI from one’s record.