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I M M I G R A N T C O M M U N I T Y C A PA C I T Y A N D E N G A G E M E N T ( I C C E ) P R O J E C T
P R O V I D E S I N F O R M A T I O N O N J U S T I C E A N D P R O T E C T I O N S E R V I C E S
PAROLE, CRIMINAL RECORDS
RECORD SUSPENSION
PRESENTED BY
JOHN HOWARD SOCIETY OF LONDON AND DISTRICT
What is Parole?
Parole is a (conditional release) from a
correctional institution. It permits an offender
to serve the remainder of his/her sentence in the
community under the supervision of a parole
officer.
Parole is a carefully constructed bridge between
incarceration and return to the community. It is a
release which allows some offenders to continue
to serve the balance of their sentence outside of
the prison.
What is Parole? (Cont...)
Parole does not mean that offenders are completely free, without supervision. It does mean that they have an opportunity, under the supervision and assistance of a parole officer, to become contributing members of society. If the person does not follow his/her release conditions, the Parole Board has the power to revoke the parole and return the person to prison.
Parole Board of Canada
In Ontario, release of offenders from incarceration, other than by normal expiration of sentence, is the responsibility of the Ontario Parole Board.
The Board handles all adult offenders in the province who have prison sentences of less than two years. (The National Parole Board handles all offenders who have prison sentences of two years or more).
The Parole Board will only grant parole if it is satisfied that the person will not, by re-offending, present an undue risk to society before the expiration of the sentence.
In granting parole, the Board sets the conditions for release. Parole may be revoked if the conditions are not met. Where parole is revoked, the person serves the remaining portion of his/her sentence in custody.
Why Parole?
Most offenders are serving a fixed length sentence.
This means they will eventually be released back
into the community when their sentence is over.
Parole helps offenders re-integrate into the
community through a gradual, controlled, and
supported release with conditions.
Types of Parole
Temporary Absence: it usually the first type of release an offender may be granted. It is granted so persons may: receive medical treatment; contact with their family; attend counselling; or participate in community service work projects.
Day Parole: allows an offender to participate in community-based activities in preparation for full parole. Persons on day parole must return nightly to an institution or a halfway house unless otherwise authorized by the Parole Board of Canada.
Full Parole: allows offenders to serve part of their sentence in the community under supervision and specific conditions, in preparation for their eventual release into the community. The person must report to a parole officer on a regular basis and must report any changes in employment or personal circumstances.
Statuary Release (Stats Release)
Statutory Release: by law, most federal inmates are automatically
released after serving two-thirds of their sentence (if they have not
already been released on parole). This is called statutory release.
Statutory release is not the same as parole because the decision for release is not
made by the Parole Board of Canada.
Offenders serving life are not eligible for statutory release.
The Correctional Service of Canada (CSC) may recommend an offender be denied
statutory release if they believe the person is likely to:
commit an offence causing death or serious harm to another person;
commit a sexual offence involving a child; or
commit a serious drug offence before the end of the sentence.
How are parole decisions made?
Parole decisions are made by Board members through either a file review (paper) or a hearing (face-to-face). There are two types of conditions:
Standard Conditions –These include obeying the law, not owning or possessing a weapon, and reporting any change in their domestic or financial situation.
Special Conditions –These are imposed where the Parole Board of Canada considers them reasonable and necessary to further manage an offender's risk in the community, such as to abstain from the use of drugs or alcohol.
What information is considered?
Board members consider all relevant information in making a decision.
This can include information from police, courts, crown attorneys, mental health professionals, correctional authorities, private agencies, and victims.
The Parole Board of Canada must assess an offender's risk when they become eligible for all types of conditional release, with the exception of statutory release. Protection of society is the most important consideration of any release decision.
Why are persons released before the end of their
sentence of imprisonment?
According to the Canadian law, all offenders
must be considered for some form of conditional
release during their sentence. Just because a person is
eligible for release, does not mean that the release will
be granted ... release on parole is never guaranteed.
Conditional release does not mean the sentence is
shortened, it means the remainder of the sentence
may be served in the community under supervision
with specific conditions.
Facts about Parole
All offenders on parole are supervised in the
community by Parole Officers from Correctional
Service Canada (CSC) and will be returned to prison
if they are believed to present a risk to the public.
The Parole Board of Canada has the authority to
revoke a parole release if the conditions are
breached by the offender.
Halfway Houses/ Residential Services
Halfway Houses or (Adult Residential Services) are rehabilitation centres where people who have left an institution such as a prison are helped to readjust to the outside world and to begin the process of reintegration with society, while still providing monitoring and support; this is generally believed to reduce the risk of recidivism or relapse when compared to a release directly into society.
There are three Adult Residential Services in London, operated through St. Leonard’s community Services.
For more information on Parole
National Parole Board,
http://pbc-clcc.gc.ca/index-eng.shtml
Ontario Parole Board,
http://www.opb.gov.on.ca/english/home.html
Ministry of Community Safety and Correctional Services, http://www.mcscs.jus.gov.on.ca/english/default.html
What is a criminal record?
A criminal record refers to a list of crimes, along with
the details of the crimes committed by the person.
Criminal records also contain all the sentences that
the person received for each crime, for which he/she
has been convicted (found guilty).
The Consequences of Having a Criminal Record
A criminal record could restrict your ability to travel abroad. Some countries, including the United States, could refuse your entry.
If you are a visitor to Canada, for example, on a student visa or temporary work permit, any criminal conviction could result in your deportation.
A criminal charge or conviction can also affect someone's eligibility to become a permanent resident or a Canadian citizen.
A landed immigrant convicted of a crime might have to wait several more years before being allowed to apply for citizenship. If the crime is serious, even a landed immigrant may be deported.
A person who is ordered deported may be able to appeal to the Immigration Appeal Division.
The Consequences of Having a Criminal Record (cont...)
A criminal record could prevent you from obtaining a licence to work in a chosen field. Many employers require that their staff members be of "good character" and may reject applicants convicted of certain crimes.
A conviction of a crime such as theft, fraud or other crime of dishonesty could bar you from work in an industry where you have access to other people's money or property such as banking, retailing, transportation, or cleaning.
The Consequences of Having a Criminal Record (cont...)
A conviction for a crime involving violence or threats could result in you being refused an FAC (firearms acquisition certificate) or licence for the use of a firearm, such as a hunting licence.
Even if the charge is withdrawn, authorities could persist in their refusal if they are satisfied that the crime, though unproven in court, was committed nonetheless.
Criminal Records in Canada
In Canada, criminal records are stored in Criminal Records Information Management Services, a centralized database operated by the Royal Canadian Mounted Police (RCMP) under the Canadian Police Information Centre (CPIC).
The database includes all convictions for which a record suspension (pardon) has not been granted, all charges regardless of disposition, outstanding warrants and charges, all judicial orders and other information that might be of interest to police investigations.
What is a Police Record Check?
A police record is a record of a person's criminal history, generally used by potential employers to assess one’s trustworthiness.
There are two types of police record checks: standard and vulnerable sector. Vulnerable sector is defined under the Criminal Records Act as minor (less than 18 years of age).
What is a Record Suspension?
A Record Suspension (formerly called a
pardon) is an order that allows people with a criminal record to have it set aside. This means a person’s convictions will not be revealed on the police criminal record checks.
Record suspensions allow people who have made positive life changes to be freed from many of the negative impacts of having a criminal record. Record suspension helps people access employment, educational opportunities and reintegrate into society.
Will a record suspension erase my conviction?
No.
A record suspension does not erase the fact that you
were convicted of a crime. Your criminal record is not
erased, but it is kept separate and apart from other
criminal records.
The Benefits of Obtaining a Record Suspension
If you have been charged and convicted in Canada you
have a criminal record. The benefits in being granted a
record suspension are numerous:
Employment: Employers conduct criminal background checks in seeking out the right employee in hopes that those of good conduct would prove to be reliable and dedicated. Having a criminal record may hinder your chance of being employed.
Education: Many programs in educational institutions run background checks before admitting individuals into that field of study.
The Benefits of Obtaining a Record Suspension (cont...)
Volunteering: Volunteer positions, especially with children, disabled or elderly, usually require a background check to ensure that these individuals are not put at risk.
Child Custody: The custody of your children or your visitation rights may be decreased or terminated because of a criminal record.
Adoption: In Canada, the ability to adopt a child is refused to any individual with a criminal record.
Citizenship: An application for Canadian citizenship can be denied, delayed, or suspended with a criminal record.
The Benefits of Obtaining a Record Suspension (cont...)
Immigration: Other immigration issues are severely affected by a criminal record and may result in deportation, e.g. work permits or authorizations, refugee status, landed immigrant.
Peace of Mind: A sense of personal consciousness is affected when an individual has a criminal record. The shame and stigma that are associated with a criminal history are also removed when a criminal record is suspended.
Before applying for a record suspension
Before starting the process, an individual must make sure he/she is eligible to apply for a record suspension.
There is an application form along with several documents that need to be filled, completed, and submitted to the Parole Board of Canada.
Eligibility requirements depend on some factors, such as: o The type of charges on the criminal record
o The completion of the sentence(s)
o The timeline of being crime free
It is always best to get assessed by a qualified professional to assess your eligibility before applying for a record suspension.
Travelling abroad with a criminal record
A criminal record may prevent you from travelling internationally as more countries are prohibiting individuals from entering their countries with a criminal record.
While having a criminal record does not necessarily mean you will not be allowed to travel, criminal records are linked to immigration databases in many countries, and convictions may be grounds for refusal to grant a visa, entry or passport application.
Before you travel, verify your criminal history and its limitations
Facts about Record Suspension
The Parole Board of Canada is the official and only
federal agency responsible for ordering, denying and revoking record suspensions under the Criminal Records Act.
It does not guarantee entry or visa privileges to
another country.
Suspended records of former sexual offenders are flagged in the Canadian Police Information Centre (CPIC) in order to conduct a vulnerable sector check should they apply to work or volunteer in such a sector.
Facts about Record Suspension (cont.)
If you are a young offender (under 18), you do NOT need to apply for a record suspensions since your record will be destroyed or archived automatically when you become an adult.
You do not need a record suspension to apply for a passport.
The Parole Board of Canada treats all applications the same. You do not need to pay a company or lawyer to obtain a record suspension. All you need to do is follow the step-by-step instructions in the Guide and pay the Application Processing Fee of $631.00.
Who can apply?
You can apply for a record suspension if you were: Convicted of an offence, in Canada. Convicted of an offence in another country and transferred to
Canada.
As of 2012, people are no longer eligible for a record
suspension if they have been convicted of: A sexual offence involving a child, under the Criminal Records Act. More than (3) indictable offences (more serious offences such as
(robbery, drug trafficking, fraud and theft over $5000), each with a prison sentence of (2) years or more.
When can you apply?
You can apply for a record suspension only if you meet all three of the following conditions. There are no exceptions. You have completed your sentence, meaning you completed paying any
fines, surcharges, compensation and restitution orders, completed any probation orders or conditional sentence, and served all of your sentence including parole.
You have met the required wait times: • 5 years for a summary offence (such as assault, mischief, theft and fraud
under $5000 • 10 years for an indictable offence (more serious offences)
You have not been convicted of any new offences, and have no new charges or outstanding fees (including traffic tickets).
How can you apply?
Get a Record Suspension Application Guide and Form from the
Parole Board of Canada. Visit the website at: www.pbc-clcc.gc.ca or call the toll free at: 1-800-874-2652 To download the application form visits the website: www.recordsuspension.gc.ca
The application process involves:
• getting your fingerprint taken in order to get your criminal record from the
Royal Canadian Mounted Police (RCMP). • getting your criminal record from local police service for the city where you
live now and for each city where you have lived during the last 5 years. • Obtaining court information, proof of conviction, military conduct sheet and
immigration documents. • Filling the record suspension application form and paying the application fee
($631).
Where to get help?
If you are applying for a record suspension and you need help, please contact:
John Howard Society of London and District
601 Queens Avenue, London, ON. N6B 1Y9
www. Jhslondon.on.ca
or call: 519-438-4168
Free Services
Travel Waivers
Certain criminal records may exclude you from travel into some countries.
A Waiver is a document, issued by the country to which you would like to travel, allowing you to enter even with a criminal record. For example, the United States restricts entry for people who have been convicted of certain crimes. You can find a list of what these crimes are at: www.cbp.gov
If you have a record of one of these crimes, you will need a Travel Waiver to enter the U.S.A.
Never try to travel to the U.S. A. if you are excluded: you could be detained, fined, charged or incarcerated.
The application process can take up to a year and is expensive. ($585.00 USA dollars as of 2012).
If you have obtained a record suspension, you may still need a waiver to travel to the USA.
For more information, visit the USA customs and Border Protection website: www.cbp.gov
or contact John Howard Society of London and District 601 Queens Avenue, London, ON. N6B 1Y9 www. Jhslondon.on.ca or call: 519-438-4168 Free Services
For More Information on the presented materials visit:
John Howard Society of London and District 601 Queens Avenue, London, ON. www. Jhslondon.on.ca or call: 519-438-4168 London & Middlesex Local Immigration Partnership: http://www.immigration.london.ca/LMLIP/ National Parole Board, http://pbc-clcc.gc.ca/index-eng.shtml or call the toll free at: 1-800-874-2652
Ontario Parole Board, http://www.opb.gov.on.ca/english/home.html
Ministry of Community Safety and Correctional Services, http://www.mcscs.jus.gov.on.ca/english/default.html
Community Legal Education Ontario (CLEO) http://www.cleo.on.ca/en
