What is a Criminal Rehabilitation Application?
Foreigners deemed inadmissible to Canada due to their record can apply for a Criminal Rehabilitation Application that grants them hassle-free entry. It is a process in which an individual asks the Canadian government to pardon a punishable offence committed outside of Canada.
Once you obtain criminal rehabilitation, you will be able to travel to Canada without any restrictions.
The criminal rehabilitation process only pertains to individuals who have committed an offense outside of Canada.
Canada’s Immigration and Refugee Protection Act states that visitors or people applying for a permanent residence may not be able to enter Canada if they have been convicted of a crime. Once you successfully obtain a Criminal Rehabilitation certificate, your past offences will no longer bar you from entering Canada.
See if you qualify
How do I Know if I'm Eligible for Criminal Rehabilitation?
A Criminal Rehabilitation Application helps you travel to Canada freely without the constraints of a previous offence. In order to apply for criminal rehabilitation, you must meet certain conditions:
- 5 years must have passed since you completed all your probationary periods, fines and sentences.
- You committed a crime outside of Canada that is deemed a crime under the laws where the offence occurred AND would be punishable by Canadian law.
- You have committed an offence outside of Canada that is considered a crime in Canada and is punishable by a maximum of 10 years.
- You committed a serious crime (domestic abuse, drug trafficking, theft of over $5,000) or a non-serious crime (drunk driving offence, simple assault, theft under $5,000).
More details
Who can qualify for rehabilitation?
How do I start the application process?
Why do I need to apply for rehabilitation?
What's the difference between pardons Canada and a rehabilitation application?
Criminal Rehabilitation Waiting Period
When it comes to pardons Canada, not everyone is eligible for a record suspension or pardon to remove their record from public visibility. Depending on what you have been charged for, you will have to wait a certain amount of time to become eligible for a pardon.
As we mentioned in the previous sections, you are not eligible for criminal rehabilitation until 5 years have passed. The five years is different depending on the type of sentencing a person receives from a court. The 5 years is influenced by things like probations and fines. For your reference, we have compiled examples of different sentences so that you can determine when your five-year waiting period officially starts. With this, you can better plan for your criminal rehabilitation application process.
- Suspended Sentence: 5 years from the date of sentencing.
- Suspended sentence with a fine: 5 years from the date the fine was paid. If there are a series of payments that have to be made, then the 5 years starts once the last payment is made.
- Imprisonment without parole: 5 years from the end of the prison sentence.
- Imprisonment and parole: 5 years from the completion of the parole.
- Probation: 5 years from the end of the probation period.
- Driving probation: When you are prohibited from driving. 5 years from the end of the probation.
Factors that Determine the Success of your Application
Applying for criminal rehabilitation isn’t as simple as filling in blank spaces on the application form or circling A, B, C, or D in answer to a question. Not only is the application form extensive, but it also requires you to provide a sort of qualitative analysis of your life since your sentence.
Here are some of the things that the government looks at to determine whether or not you are approved for a criminal rehabilitation:
- The number of criminal offences on your record.
- The seriousness of each offence.
- Your explanation of the offences.
- Your behaviour since you committed the offence.
- Why you think you won’t commit an offence again.
- What your present circumstance is like.
- Why you believe you have been rehabilitated.
There’s a lot an applicant has to do in order to convince the government that they have been rehabilitated and are now a model citizen. Too often we have heard stories of people applying for criminal rehabilitation only to be denied. Because this is such a difficult process, it helps to have the experts from Record Free in your corner. We can comfortably guide you through the process and ensure that your application accomplishes exactly what you need it to accomplish. Call us today at +1 (866) 928-3260, or check to see if you are eligible, and let’s get started on your criminal rehabilitation application.
