How to Apply for an Expungement

Transcript

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NARRATOR: When an
expungement of judicial records

pertaining to a
conviction is ordered

the person convicted
of that offence

is deemed never to have
committed the offence.

Under the Expungement

of Historically Unjust
Convictions Act

the Parole Board of
Canada is responsible

for making
decisions to order

an expungement
of a conviction.

There is no fee to apply
for an expungement.

If you are applying
on behalf of someone else,

such as a deceased relative,

the legislation allows for
an appropriate representative,

such as a family member,
to apply on their behalf.

To help you put together
your application,

consult the Expungement
Application Guide.

The Expungement
Application Guide

can be viewed online,

is downloadable
and easy to follow.

It details all the steps you
need to correctly complete

and submit your
expungement application.

To get started, you should first
check if your past conviction

is eligible to be considered
for an expungement order.

Convictions that are
eligible include:

gross indecency, buggery,
anal intercourse

or any offence
under the National Defence Act

that is also an offence
under the Expungement Act.

In addition, an expungement
can only be ordered

if all three of the
following criteria are met:

the sexual activity
was between persons

of the same sex

that the person, or persons,
involved,

other than the person convicted,

had given their consent

and that they were 16
years of age or older

at the time or subject to a
"close in age" defence.

In order to demonstrate

that your eligible conviction,
or convictions,

meet the three
expungement criteria

you must attempt to obtain
the court and police documents

pertaining to your conviction.

If you remember the court
that heard your case

and the police service
who arrested you,

you can request a copy
of your records from them.

If neither one has
your records on file,

you must ask them to
confirm this in writing.

If they do
produce your records,

review them closely to
confirm your conviction

meets the criteria
for expungement.

Now, if you can't recall
the details of your conviction,

you can request a copy
of your criminal record

from the National Repository
of Criminal Records,

maintained by the RCMP.

If you, or the deceased
person, were convicted

while serving as a member
of the Canadian Armed Forces,

you must include a copy of
the Military Conduct Sheet

as part of your application.

Once you receive
your records

and if after careful review
they do not demonstrate

that the criteria for
expungement are met,

what do you do?

If that's the case, you must
provide a sworn statement

or solemn declaration, signed
by a legal representative,

with your application.

Examples of a sworn statement
and solemn declaration,

on your own behalf
or for a deceased person,

instructions for obtaining

a fingerprint based copy
of your criminal record,

and how to request a
criminal record check

can all be found
in the Application Guide.

To confirm your identity,

a clear photocopy
of a valid document

that supports your identity

must be included
with your application.

If you're applying on behalf
of a deceased person,

you must produce a document

that supports your
relationship with that person

and a document that
confirms their death.

Once you have gathered
all the necessary

documents and photocopies,

it's time to fill out the
Expungement Application form.

The same form can be
used for yourself

or for the deceased person
that you're applying for.

The form can be
filled out online

and then printed and signed.

You must answer all questions
accurately and completely.

Concealing information or
making unclear statements

might possibly result

in your application
being turned down.

To ensure that your
application is complete

before mailing it
to the Parole Board of Canada

be sure to tick off
the following boxes

in the Expungement
Application Checklist.

If you require help in
completing your application,

or have questions,
contact us at:

Parole Board of Canada

1-800-874-2652

or at
expungement-radiation@pbc-clcc.gc.ca.

Once received
and accepted as complete,

applications will be processed
as quickly as possible.

If your expungement
is ordered,

the RCMP will destroy,
or remove,

any judicial records of your
conviction in its custody

and notify relevant
federal departments or agencies.

Relevant courts
and any police forces

that have
your record of conviction

will also be notified
to do the same.

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