How to apply for a pardon if convicted of DUI
Being convicted of a DUI inevitably leaves a mark. Not only a physical and emotional one, but a criminal record that can follow you all your life.
However, after meeting all the conditions, you can apply for a pardon that can remove any trace of the offence. Find out how to apply for a pardon if you have a DUI conviction.
What is a DUI pardon application?
When you are convicted of a criminal offence, your information is stored in a computerized file called a criminal record. The Royal Canadian Mounted Police (RCMP) is the entity responsible for keeping this information. It classifies it with those of other offenders, unless you request a suspension of your criminal record. In the past, this term was also known as a pardon or pardon application. Needless to say, the impacts of a criminal record on your personal life can be disastrous.
If you obtain a pardon application, the RCMP will not destroy your file. Rather, they make it confidential so that it becomes inaccessible, unless there are special circumstances. Please note that a pardon application is not required for those who were pardoned after July 1992 and those who received a sentence as teenagers, since these records are automatically destroyed or archived after a certain period of time.
If you want to apply for a DUI pardon, however, note that it will not undo the fact that you have been convicted of a crime.
What are the deadlines for a criminal record suspension?
You can’t apply for a pardon any time you want. You have to wait 5 or 10 years after serving the full sentence. However, this waiting period is not fixed. It varies according to the seriousness of the offence. Therefore, if the offence in question concerns a fine, the waiting period is over when the fine is paid in full. If the offence involves a crime, the time period is from the day the sentence is fully served.
How do you apply for a DUI pardon?
How do you apply for a pardon following a DUI conviction? The Parole Board of Canada is responsible for granting it. To this end, the Commission must be satisfied that you have behaved properly and that you have had no further criminal convictions since. They must also be convinced that the pardon you are asking for will help your rehabilitation in society. A multitude of other factors come into play when analyzing an application for a criminal record suspension.
You can apply for a suspension yourself, since the Parole Board allows you to do so. However, to help you build your case, which is often a difficult task for the average person, it is better to work with a criminal law firm. Only these professionals have a perfect understanding of the process and the steps that will lead your pardon application being accepted.
DUI pardon: choosing the path to success
The full pardon application process takes time. It can take between 6 months and 2 years to receive a response. You will also have to pay several hundred dollars. But this is an important step in minimizing the consequences of a criminal record when it comes to employment.
Have you been found guilty of impaired driving and want to apply for a criminal record suspension? Contact Montreal Criminal Lawyers. Our criminal lawyers will be happy to support you in your efforts.