A criminal record in Alberta can affect nearly every aspect of your life. It may impact your ability to secure employment, restrict your travel opportunities, and create challenges when applying for professional licenses or volunteer positions. For many individuals, the question becomes urgent: Can a criminal record in Alberta ever be removed?
The answer lies in understanding the laws that govern criminal records in Canada, particularly the process of record suspensions and, in rare cases, expungements.
If you are facing the long-term consequences of a conviction, consulting an experienced criminal defence lawyer in Edmonton can provide the guidance you need to take the right steps forward.
This blog explains how criminal records are handled in Alberta, the difference between record suspensions and expungements, and when a criminal defence lawyer in Edmonton can help you pursue removal options.
An Overview of Criminal Records in Alberta
A criminal record is an official record of an individual’s criminal convictions and is stored in the Canadian Police Information Centre (CPIC) database, maintained by the RCMP. It becomes accessible during background checks conducted by employers, immigration authorities, and licensing bodies.
For someone navigating the criminal law practice area, a criminal record is more than just a record of past mistakes. It can become a barrier to living a normal life long after a sentence has been served. This is why so many individuals in Alberta look for ways to either clear or reduce the impact of their record.
Record Suspension vs. Expungement: What’s the Difference?
What Is a Record Suspension (Pardon)?
In Canada, what most people think of as “erasing a criminal record” is actually known as a record suspension, previously called a pardon. When granted by the Parole Board of Canada, a record suspension sets aside a person’s criminal convictions in the national database.
This means the record will not show up in standard background checks, making it far easier to move forward with your life.
Eligibility for a record suspension depends on completing all parts of a sentence, including probation, fines, or restitution. Once the waiting period has passed, you may apply for a suspension to reduce the impact of your record on daily life.
What Is Expungement in Canada?
Expungement, unlike a suspension, completely erases a conviction from the record as though it never happened. However, expungement in Canada is extremely rare. It is reserved for convictions under outdated or unjust laws, such as certain historical offences that are no longer recognized as crimes.
For most individuals in Alberta, record suspension is the pathway to clearing a criminal record, not expungement.
Eligibility for Record Suspension in Alberta
If you are considering applying for a record suspension, eligibility is the first step. Canadian law requires waiting periods after completing a sentence before you can apply:
- Five years for summary offences
- Ten years for indictable offences
In addition, all parts of the sentence must be completed, including payment of fines, restitution orders, community service, and probation. During the waiting period, you must also demonstrate good conduct, meaning no new criminal convictions or serious legal issues.
Because eligibility rules can be complex, it is wise to consult a criminal defence lawyer in Edmonton to determine if you qualify and when you should begin preparing your application.
The Application Process for Record Suspension
The process of applying for a record suspension in Alberta can be daunting, requiring several precise steps:
- Obtain Fingerprints: Your fingerprints are required to request your official criminal record from the RCMP.
- Collect Court Documents: You must obtain proof that all parts of your sentence have been completed.
- Secure Local Police Checks: Local police may need to verify your conduct since completing your sentence.
- Prepare the Application Package: This includes detailed forms, documents, and personal statements.
- Submit to the Parole Board of Canada: Applications are reviewed, and decisions are issued after a thorough assessment.
The process can take many months, and incomplete or inaccurate applications are often rejected. Many individuals turn to a criminal defence lawyer in Edmonton for assistance in navigating the process correctly.
Challenges and Limitations of Record Suspensions
While record suspensions offer many benefits, they are not a magic solution to every problem.
- Not All Offences Qualify: Certain serious offences, particularly sexual crimes involving minors, are not eligible.
- Travel Restrictions May Remain: Even with a record suspension, the United States can still deny entry since U.S. border officials have access to older records.
- Mistakes Cause Delays: A small error in paperwork can delay your application for months or even years.
Understanding these challenges is part of the criminal law practice area that an experienced lawyer can explain and guide you through.
Why Legal Guidance Matters
While it is possible to apply for a record suspension on your own, the process is complicated and unforgiving of errors. A criminal defence lawyer in Edmonton can help you:
- Ensure eligibility before applying.
- Collect all necessary documentation accurately.
- Provide legal insight into how your record impacts employment, immigration, and travel.
- Improve the chances of a successful application by presenting your case thoroughly.
Having professional legal support can make the difference between a successful suspension and a rejected application.
Frequently Asked Questions
- Does A Record Suspension Mean My Record Is Erased?
No. A record suspension does not erase your record. Instead, it sets the conviction aside so it does not appear in most background checks.
- Can Employers Still See My Record After A Suspension?
In most cases, employers conducting standard background checks will not see your suspended record. However, some specialized checks for vulnerable sector jobs may still access certain information.
- How Long Does The Process Take In Alberta?
The process typically takes 12 to 18 months once an application is submitted, though delays can occur if documents are incomplete or errors are made.
- Do I Need A Lawyer To Apply For Record Suspension?
You are not required to hire a lawyer, but many people find that working with a criminal defence lawyer in Edmonton increases their chances of success and reduces stress.
Taking the Next Step in Clearing Your Record
A criminal record does not need to define the rest of your life. With a record suspension, many of the barriers caused by past convictions can be lifted.
By working with a lawyer who focuses on criminal defence in Edmonton, you can better understand your options, avoid costly mistakes, and move toward a future that is no longer limited by a record.
Why Work With Daryl Royer?
If you are dealing with the burden of a criminal record or facing charges that could leave you with one, Daryl Royer can help. As a dedicated criminal defence lawyer in Edmonton, he has extensive experience in the criminal law practice area, guiding clients through complex processes such as record suspensions and defending against charges in court.
Daryl Royer is committed to protecting the rights of the accused and ensuring that every client receives clear, practical legal advice. He understands the stress that comes with navigating Alberta’s criminal justice system and provides professional defence tailored to your situation.
Contact Daryl Royer for a confidential consultation and get the legal guidance you need to put your past behind you.