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Not Every Criminal Background Are Eligible For Pardon In Canada

federal pardons
by wallyg

Article by Lawrence Ocampo

A lot of individuals have a misunderstanding that any person can be given a pardon, for any criminal felony, and that there are no systems in place to guard the public from the most serious lawbreakers after they have obtained a pardon. It couldn’t be farther from the truth.

The vast bulk of pardon applicants have lesser offences from 10, 20, 30, sometimes even 40 years ago; the most frequent of these crimes include minor thefts, DUIs and so on. The simple truth is that people make mistakes. In fact, at any particular time, as many as three million Canadians have a criminal record.

Canada pardon hopefuls must go through a rigorous screening process. Before a person can even be considered for the pardon, and they must prove they have been a good citizen and have stayed crime-free for at least 5 years. Likewise, pardon hopefuls cannot have been the subject of a law enforcement investigation or apprehension during the last five years. Even traffic violations can make a pardon application subject to a suggestion to reject by the Board when their application is under review. There are also numerous restrictions imposed on pardons.

Whatever the case may be, only those truly worthy of having their criminal record removed will in due course be given a pardon. In point of fact, of the 350,000 Canadians that have received pardons in 1970, approximately 97 percent of these are still in force, indicating that the vast majority of pardon recipients stay crime-free in the community.

With regards to severe offences, not all can be pardoned.  Anybody found guilty of murder will never become eligible for a Federal pardon. So as to be eligible, you must fulfil your prison term(s) and then stay crime free and of good behaviour for the appropriate eligibility period. Since individuals with murder convictions are on life parole, they are under no circumstances considered to have ended their prison term. Those convicted of murder may apply for a Royal Prerogative of Mercy, but these are hardly ever given, only 2 having been given from 2007 through 2008. Similarly, anyone designated as a dangerous offender will under no circumstances become suitable to be considered for a pardon, ensuring society is not put in danger by the most dangerous members on the loose.

By far, the most litigious issue of the Canadian pardon system is how to handle criminal records of a sexual nature. Pardons are accessible for past sex lawbreakers; nonetheless, they also come with consequential limitations. Anybody who obtains a pardon for a sexual felony will have their record held separate and apart from standard criminal record systems such as the Canadian Police Information System; however, their name will stay flagged in a special database. In the event that they apply for work or volunteer position involving defenceless persons, usually defined as youth, elderly, the mentally infirm, or anybody otherwise physically or mentally defenceless, they will have to go through a vulnerable sector search, which will reveal the flag.

About the Author

Lawrence Ocampo, submitting for Canadian Criminal Pardon Services, criminal pardon specialists in Canada. Visit http://www.legalpardons.ca/ for more details.

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