Expungement: Step 4 - Prepare sworn statement or solemn declaration

Step 4 - Prepare sworn statement or solemn declaration

A sworn statement or solemn declaration must be submitted with your application for expungement:

  • If you were unable to obtain the court and/or police documents and/or the Military Conduct Sheet due to retention periods or other; OR
  • If you were able to obtain the court and/or police documents and/or the Military Conduct Sheet but these do not clearly demonstrate that the three criteria are met.

Your sworn statement or solemn declaration should contain the following information for each conviction for which you are applying for an expungement order IF this information is not contained in the court and/or police documents and/or Military Record Sheet you are providing:

  • the reasonable efforts that you made to obtain the documents;
  • the reasons why they could not be obtained (e.g. the records were lost or destroyed);
  • how the activity that led to the conviction(s) was between persons of the same sex;
  • how the person(s) other than the person who was convicted had given their consent* to participate in the activity; and
  • how the persons who participated in the activity were 16 years of age or older at the time of the activity or subject to a “close-in-age” defence under Section 150.1 of the Criminal Code.

* Section 273.1 of the Criminal Code defines consent as the voluntary agreement of a person to engage in the sexual activity in question.

Make sure that your sworn statement or solemn declaration also includes the following information:

  • your sworn statement or solemn declaration is made in support of your application for an expungement order;
  • your first and last name(s);
  • your date of birth;
  • your address;
  • the offence(s) for which you are applying, the date(s) and place(s) of conviction(s) and the name(s) of the court(s) where the case(s) were heard;
  • if you are applying on behalf of a deceased person, the deceased person’s first and last name and date of birth; and
  • your signature and date of signature.

The sworn statement or solemn declaration must be signed by a justice of the peace, attorney, barrister, solicitor, notary public, commissioner of oaths or another official designated that has authority to sign your sworn statement or solemn declaration.

 

Example of a sworn statement/solemn declaration if you are applying on your own behalf.

Sworn statement/solemn declaration of [Complete NAME]

I, [Complete NAME (with middle name if applicable)], born on [date of birth], residing at [full address], [solemnly affirm or swear] that:

[I make this sworn statement/I solemnly affirm] in support of my application for an expungement order and as such, I have personal knowledge of the matters herein referred to.

  • On [date of conviction] I was convicted of [offence], by the court of [name of court] in the city of [name of city] and in the province/territory [name of province or territory].
  • On [date] I attended the [name of court] to obtain a copy of the relevant court records for this conviction but I was informed by the court that the records have been destroyed. I attach to this [sworn statement or solemn declaration] the letter from the court dated [date] attesting to this.
  • On [date] I attended the [name of police service] to obtain a copy of the relevant police records for this conviction but I was informed by the police service that the records have been destroyed. I attach to this [sworn statement or solemn declaration] the letter from the police service dated [date] attesting to this.
  • Indicate how the persons involved in the activity that led to the conviction mentioned above were of the same sex.
  • Indicate how the other person who participated in the activity that led to this conviction had given their consent.
  • Indicate how the participants were more than 16 years of age when the offence occurred.

[SWORN OR SOLEMNLY AFFIRMED] BEFORE ME at the
City of (name of city)
In the province/territory of (name of province or territory)
This __________day of __________ (month), 2018

 

Commissioner for taking sworn statements
(or attorney, or other person authorized to swear affidavits)

[Complete NAME]
Signature

 

Example of a sworn statement/solemn declaration if you are applying on behalf of a deceased person.

Sworn statement/solemn declaration of [Complete NAME]

I, [Complete NAME (with middle name if applicable)], born on [date of birth], residing at [full address], [solemnly affirm or swear] that:

[I make this sworn statement/I solemnly affirm] in support of my application for an expungement order on behalf of [full name of deceased person and date of birth] and as such, I have personal knowledge of the matters herein referred to.

  • On [date of conviction] [name of person I am applying for] was convicted of [offence], by the court of [name of court] in the city of [name of city] and in the province or territory [name of province or territory].
  • On [date] I attended the [name of court] to obtain a copy of the relevant court records for this conviction but I was informed by the court that the records have been destroyed. I attach to this [sworn statement or solemn declaration] the letter from the court dated [date] attesting to this.
  • On [date] I attended the [name of police service] to obtain a copy of the relevant police records for this conviction but I was informed by the police service that the records have been destroyed. I attach to this [sworn statement or solemn declaration] the letter from the police service dated [date] attesting to this.

And, to the best of my knowledge:

  • Indicate how the persons involved in the activity that led to the conviction mentioned above were of the same sex.
  • Indicate how the other person who participated in the activity that led to this conviction had given their consent.
  • Indicate how the participants were more than 16 years of age when the offence occurred.

[SWORN OR SOLEMNLY AFFIRMED] BEFORE ME at the
City of (name of city)
In the province/territory of (name of province or territory)
This __________day of __________ (month), 2018

 

Commissioner for taking sworn statements
(or attorney, or other person authorized to swear affidavits)

[Complete NAME]
Signature

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