Criminal Rehabilitation

Depending on the seriousness and recency  of your past criminal activity, you may be eligible to apply for a criminal rehabilitation or may be considered deemed rehabilitated. If your criminal rehabilitation application is approved or you are deemed rehabilitated, you will not be considered inadmissible to Canada any more, and your admission will be subject to the normal examination procedure at a port of entry to Canada.

What is Rehabilitation?

Rehabilitation means that you are unlikely to commit any further criminal activity and you have been living a stable productive lifestyle since your last offence. Rehabilitation removes the grounds of your criminal inadmissibility.

Eligibility for Rehabilitation?

The following chart is a summary for offences convicted or committed outside of Canada

Type of offence Length of period Eligible to apply for Rehabilitation Deemed Rehabilitated
One (1) offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of less than 10 years jail time.  5 years after completion of sentence imposed Yes
10 years after completion of sentence imposed              Yes
One (1) offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of 10 years or more jail time. 5 years after completion of sentence imposed            Yes
Not applicable
Two (2) or more offences outside of Canada that, if committed in Canada, would constitute summary conviction offences 5 years after completion of sentence imposed               Yes
Not applicable
Note: To be deemed rehabilitated, you must not have committed or been convicted of any other indictable offence. When an offence is hybrid – can be proceeded either indictable or summarily – it is deemed to be indictable when it comes to admissibility matter.

If the offence is committed in Canada, you have to apply for a Record Suspension (formerly known as “Pardon”) from the Parole Board of Canada (PBC) in order to overcome your inadmissibility. The PBC contact information is:

Parole Board of Canada
Clemency and Record Suspension Division
410 Laurier Avenue West
Ottawa, Ontario
K1A 0R1
Telephone:
1-800-874-2652 (Callers in Canada and the United States only)
Fax: 1-613-941-4981
Emailsuspension@pbc-clcc.gc.ca
Website: http://pbc-clcc.gc.ca/index-eng.shtml

If you have offences committed both inside and outside of Canada, you will need to apply for both criminal rehabilitation and record suspension.

 

Regulated Canadian Immigration Consultant Mary Zhang has years of experience. Contact her at Maxcan’s office in Markham, Ontario.