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Cannabis Record Suspension

Cannabis Records

Administration of Justice

With the legalization of cannabis in Canada, many people who previously had possession charges on their records are now eligible to apply for a record suspension. A record suspension is an order from the Parole Board of Canada that sets aside a criminal conviction, allowing individuals to move forward with their lives without the stigma of a criminal record.



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Cannabis

Record Suspension

Having a criminal record may not help you realize the impact a conviction in Canada will have. That record may adversely affect your ability to travel, cross the Canada/USA border, or even negatively affect your immigration status. This puts you at a significant disadvantage.


However, you do not need to leave Canada to experience the consequences of your conviction. In nearly every employment application, disclosure of convictions is required unless you have received a record suspension (formerly known as a pardon). In fact, most employers would not hire someone with a misdemeanour from years ago, much less a controlled substance offence.


A clean criminal background check is also required by many professions and educational programs. Education, childcare, finance, policing, medicine, and the law are among the most common.


It is possible that some provinces in Canada will not even let you serve on a jury and/or question your credibility as a witness. There is a possibility that you may not be accepted if you want to serve as a surety for a friend or family member. 

Minor children's custody, visitation, and volunteering opportunities may be negatively affected if you have a criminal record.


The new legislation will seal, expunge, or set aside eligible records for Canadians. It takes time to pardon cannabis possession records. Suspension of your record may be possible without waiting for an existing application to be processed. Find out more by calling

844-4-WIN-4-ME or email hello@cordaie.com.

Suspend Your Record & Start Fresh

As an affordable record waiver representation service, we do not skimp on counsel or support for convicted individuals. To assist you with your return to the community, we are committed to providing you with a fast and effective service. In the event that you need us to negotiate swiftly and efficiently with the Crown on the terms of your release, we can assist you. If you have any regulatory concerns, we can help you manage them.


Criminal law is complicated, regardless of whether you are the accused or a friend or family member. With our bail services, you don't have to worry about bail and can return home without any hassle.


Our firm is a reputable licensed paralegal firm, unlike others you might find online. Due to this, we can provide you with assistance throughout the entire process. Visit our competitors' sites and compare our rates. Saving you money doesn't mean cutting corners. Saving you money is what we do. That's it.

No matter why you were arrested and your bail hearing is pending, you may need to give the Crown your release plan. Throughout the bail process, we will be there to support you. Given your particular circumstances, we can make recommendations for the most appropriate course of action.


Licensed paralegals and former federal parole officers are part of our team who can ensure you get the right guidance.



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Cannabis Record Suspension (Pardon)

Some information you should know about cannabis record suspensions.

Qualifying for a Cannabis Record Suspension

You are eligible for a cannabis record suspension if you have only been convicted of simple possession of cannabis and have completed your sentence. As a result, your record will be separated from other criminal records in the Canadian Police Information Centre (CPIC).


Individuals can apply even if they have unpaid fines or victim surcharges.


The Criminal Records Act (CRA) applies only to records kept by federal organizations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are informed that a record suspension has been ordered.


Unpaid Fines or Victim Surcharges

In spite of unpaid fines or victim surcharges, you can still apply.



This Applies Only to Federal Organizations

While the Criminal Records Act (CRA) only applies to federal records, most provincial and municipal criminal justice agencies also restrict access to their records once a record suspension has been issued.


Responsibility for a Cannabis Record Suspension

For convictions under Canadian federal laws or regulations, the Parole Board of Canada (PBC) is the federal agency responsible for ordering, denying, or revoking record suspensions under the Criminal Records Act (CRA).



Suspension of a Cannabis Record is Subject to Certain Conditions

A cannabis record suspension:

  • Sets aside a conviction, not erases it
  • Visa privileges or entry into another country are not guaranteed


A record suspension can be revoked or cease to have effect if you conceal information or make false or deceptive statements.


You can revoke or cease to have an effect on a cannabis record suspension if you are:

  • Having been convicted of a new indictable or summary offence
  • If you were found to have made a false or misleading statement or hidden information when applying
  • At the time the record suspension was ordered, you were ineligible for a suspension


A record suspension is revoked or ceases to have effect when the offence(s) are added back to the Canadian Police Information Centre (CPIC) database.


Eligibility for a Cannabis Record Suspension

If you were convicted of simple possession of cannabis as an adult in Canada, you can apply for a cannabis record suspension. Under this process, only convictions for simple possession of cannabis are eligible. A simple possession charge refers to the possession of a controlled substance, in this case, cannabis, for personal use (i.e., without intent to distribute).


If you only have a conviction(s) for simple possession of cannabis in Canada, you can apply even if you are not a Canadian citizen or resident.


In order to be eligible, you must have completed the other elements of your sentence (e.g., probation) and not have any unpaid fines or victim surcharges related to the cannabis conviction(s).

Ineligible Offences for a Cannabis Record Suspension

Those with convictions other than simple possession of cannabis are not eligible for the streamlined cannabis record suspension process. These individuals may, however, be eligible to apply for a regular record suspension if they meet the criteria outlined in the Criminal Records Act (e.g., they have completed their sentence, have waited their time, and meet the eligibility criteria).


A conviction for simple possession of cannabis is not considered in the calculation of the wait time or in the assessment of the application by a Board member.


It is still possible to apply if you owe unpaid fines or victim surcharges related to your cannabis conviction(s), but you must have completed all other parts of your sentence (e.g., probation order).


Application Process for a Cannabis Record Suspension

For a cannabis record suspension, you can apply directly to the Parole Board of Canada (PBC). Although it would be helpful and likely easier, you do not need to hire us or any other third party. You can complete the process yourself. To do this, consult the Parole Board of Canada's website for instructions.


Regardless of your chosen method, you are responsible for any additional fees related to your application, such as fingerprints, criminal records, court documents, and police checks. Make sure you are eligible to apply for a cannabis record suspension before beginning.


PLEASE NOTE: 

  • Answer all questions honestly and completely.
  • Providing false information or making deceptive statements may result in your application being denied or your record suspension revoked or ceased to be effective. 


For a free consultation, contact us since this list is not exhaustive.


  • Step 1: Get a copy of your criminal record

    A third-party company or a police department takes your fingerprints. In order to apply for a record suspension, you must clearly state that you are doing so.


    You must then wait for the RCMP to issue you a "Certification of No Criminal Record" or your criminal record (criminal convictions, conditional and absolute discharges). Your application must include any documents provided by the RCMP.


    When you receive it, you must ensure that your criminal record includes all convictions for simple possession. All convictions must be reported to the Parole Board of Canada.


    Your criminal record must be verified with "Proof of Conviction" if you have any simple possession of cannabis convictions. To obtain this information, contact the court that heard your case and/or the arresting police service.


    The Proof of Conviction must include the following information:

    • Date and court of your sentencing
    • The offense for which you were convicted
    • The sentence you received
    • Arresting police service

    *For a free consultation, contact us since this list is not exhaustive. As an alternative, you can consult the Parole Board of Canada's website if you wish to handle the entire process yourself.


  • Step 2: Obtain a police record check from your local police department

    A local police records check must be performed for the following reasons:

    • Where you currently live (your current address); AND
    • If you lived in a city or town for at least 3 months during the last 5 year.

    For your current address, contact the local police department. In the last five years, if you have lived in different places, you must contact the police service for each place. Consult your local police department if you're unsure who to contact.


    On the Local Police Records Check Form, ask each local police department to fill out the "For Police Use Only" section. It will be necessary for you to show them a current photo ID and a second piece of identification.


    Please Note:

    Unless the following information is included on the Local Police Records Check Form, the Parole Board of Canada will return your application: 

    • Information required in the For Police Use Only section
    • Police stamp and signature
    • Official seal or stamp of the local police service. (Approximately $50 - $75 plus HST)

  • Step 3: Make sure you have your court information (if necessary)

    There is no need to obtain your court records if your criminal record or local police records check clearly shows you were convicted only of simple possession of cannabis and your only sentence was a fine or victim surcharge.


    Your court information MUST be obtained if your criminal record or local police records do not clearly show that you were convicted of only simple possession of cannabis and that you were only sentenced to a fine or victim surcharge or both. You must include proof of payment for any restitution or compensation orders (including the date of final payment).


    Fill out the "Court Information Form".


    It would be best if you contacted the court that heard your case. The form must be completed by each court if there are multiple sentences. Ask every court to fill out the "For Court Use Only" section on your criminal record.


    Ensure that each court follows these steps: 

    • Complete all sections marked "For Court Use Only"
    • The court convictions you have from that court are included
    • The form should be signed and dated
    • Make sure the form is sealed or stamped by an official court official

    There should be a match between the information on your Court Information Form and your criminal record.


    Obtain a Proof of Conviction from the court if your Court Information Form and criminal record do not match or if the court has a record of conviction that is not on your criminal record. 


  • Step 4: Obtain your Military Conduct Certificate / Letter

    Please Note:

    You can skip this step if you are not a current or former member of the Canadian Forces.


    You must get a certified, signed, and dated copy of your Military Conduct Sheet from the appropriate organization if you are a current or past member of the Canadian Forces. In the absence of a conduct sheet, you must provide a letter from your commanding officer or the appropriate organization.


    Include the following information in your request for a Military Conduct Sheet:


    • The application for record suspension is the reason for the request
    • Names of your first and last names (if they have changed since, they must reflect the name you had at the time)
    • The date of your birth
    • Service Number or Military Identification Number
    • Signed by you
    • Dates of enlistment and discharge

  • Step 5: Complete the application form

    The Cannabis Record Suspension Application Form must be used.


    Please Note: 

    After you sign the Cannabis Record Suspension Application Form, it is valid for 12 months.  


    Check that you have:

    • Completed both sides of the form;
    • Completed all questions honestly and completely;
    • The form has been signed and dated. You must sign the application as the applicant;
    • A photocopy of your ID (federal, provincial, or municipal) with your name, date of birth, and signature;
    • Your application documents have been photocopied for your records and future reference.

    If your mailing address changes, you must send the Parole Board of Canada a letter with your new mailing address. 


    This letter should include:

    • Name
    • Personal Reference Number for your Record Suspension Application
    • The new address for your correspondence
    • Signed by you. The letter must be signed by you as the applicant.

Frequently Asked Questions

Here are answers to some common questions. 

Cannabis Records

    • Who is responsible for suspending cannabis records?

      The Parole Board of Canada (PBC) is the only federal agency responsible for making decisions regarding record suspension under the Criminal Records Act (CRA).

    • Is it necessary for me to provide court documents?

      If that your criminal record or local police records check(s) clearly show you were convicted only of simple possession of cannabis, and you were sentenced only to a fine, victim surcharge, or both, you do not need to obtain court records.


    • How soon can I apply?

      Once your sentence has been completed, you may apply for the suspension of your record if you were found guilty of simple possession only. 


      If you have unpaid fines or victim surcharges, you can still apply.


    • For a cannabis record suspension, do I need a legal representative?

      Not at all. 


      You can find step-by-step instructions and all the forms that you need in the Parole Board of Canada Record Suspension Application Guide. 


      Send your application form and official documents by mail. There is no preference given to applications from legal firms or any other representatives. 


    • Suspension of a cannabis record has what effects?

      A criminal record check will not show you had a criminal record or a record suspension after a record suspension is ordered. 


      Record suspensions keep a conviction's judicial record separate from other criminal records in the Canadian Police Information Centre (CPIC). 


      The suspension of a criminal record removes any disqualification caused by a conviction, such as the ability to contract with the federal government or qualify for citizenship.


      CPIC may reactivate your file if you are convicted of a new offence.


    • What is the effect of a cannabis record suspension on my conviction?

      If that a record suspension is ordered, your criminal record will be kept separate from other criminal records and won't be visible in criminal records searches. You will not, however, be able to erase your criminal record.

    • How long will it take for my prohibition order to be erased if my cannabis record is suspended?

      Prohibition orders are not affected by record suspensions.

    • Can a record suspension be revoked?

      Cannabis record suspension may be required if you were convicted as a young person before the specified period defined in youth legislation. Both youth and adult cannabis records may be suspended.


      You do not need to apply for a cannabis record suspension if you were found guilty only in a youth court or youth justice court because your record will be destroyed or archived once all applicable periods have elapsed under the Young Offenders Act or the Youth Criminal Justice Act.


    • As a young offender, do I need a cannabis record suspension?

      Cannabis record suspension may be required if you were convicted as a young person before the specified time defined in youth legislation. Both youth and adult cannabis records may be suspended.


      You do not need to apply for a cannabis record suspension if you were found guilty only in a youth court or youth justice court because your record will be destroyed or archived once all applicable periods have elapsed under the Young Offenders Act or the Youth Criminal Justice Act.


    • In the case of an absolute or conditional discharge, do I need to suspend my cannabis record?

      You do not need to apply for a cannabis record suspension if you have only received absolute or conditional discharges. After one year from the date of the court decision, the Royal Canadian Mounted Police (RCMP) will automatically remove an absolute discharge from its system. 


      If you received a conditional discharge after July 24, 1992, the RCMP will automatically remove it three years later. 


      You can request the removal of your absolute or conditional discharge information from the RCMP if you received it before July 24, 1992.


    • Is a cannabis record suspension enough to gain entry into a foreign country?

      Unfortunately, no. An entry or visa privilege is not guaranteed by a record suspension. 


      Check with the authorities of any country you wish to visit to find out what you need to do to enter. 


      A record suspension is not available to U.S. citizens or other non-Canadian citizens unless they have been convicted of a crime in Canada.


    • Is a cannabis record suspension required for passport application?

      Not at all. Each application is evaluated on its own merits by Passport Canada. 


      Passport Canada can tell you more about the specific requirements for getting a passport if you contact them directly.


    • Is it necessary for me to pay my outstanding fines or victim surcharges?

      It is not necessary to pay any outstanding fines or victim surcharges to apply for a cannabis record suspension if the fines/victim surcharges are part of your sentence for simple possession of cannabis convictions. 


      Payment of fines and victim surcharges may be enforced through the disclosure of records.


    Costs

    • Is there a fee to apply for a cannabis record suspension?

      No, there is no fee to apply. Applicants are responsible for any additional fees required as part of their application, such as fingerprints, criminal records, court documents and police checks.

    Eligibility

    • Cannabis record suspensions are available for what types of convictions?

      Only convictions for simple possession of cannabis are eligible. It is a charge for possessing a controlled substance for personal use (i.e., with no intent to distribute).

    • Can anyone apply for a cannabis record suspension?

      If you were convicted of simple possession of cannabis as an adult in Canada, you can apply for a cannabis record suspension.


      If you have a record of simple possession of cannabis in Canada, you can apply even if you are not a Canadian citizen or resident.


      Applicants who owe unpaid fines or victim surcharges related to cannabis convictions may apply, but they must have completed all other parts of their sentences (e.g., probation).

    • Do I have to wait a certain amount of time before I can apply to have my cannabis record suspended?

      There is no waiting period, but you must have completed your sentence (e.g., probation order) without paying fines or victim surcharges.

    • Are there any offences that are not eligible?

      You are not eligible for the streamlined cannabis record suspension process if you have a conviction other than simple possession of cannabis. 


      In some cases, however, you may be eligible to apply for a regular record suspension, provided that you meet the criteria outlined in the Criminal Records Act (e.g., you have completed your sentence, wait times, and meet the eligibility criteria). 


      Board members do not consider a simple possession of cannabis conviction in calculating wait times or assessing applications in these instances. 


      If you have unpaid fines or victim surcharges related to the cannabis conviction(s), you may still apply, but you must have completed other parts of your sentence (e.g., probation). 


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