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 relevant criteria (see Step 1) are met.

Your sworn statement or solemn declaration should contain information that addresses all relevant criteria 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.  

Please consult Step 1 for the complete list of the required criteria for ordering an expungement.

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

  • 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);
  • 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.
  • Address how all relevant criteria for ordering an expungement are met. Please see Step 1 of the application guide for the complete list of the required criteria for ordering an expungement. 

Provide sufficient details to demonstrate clearly to the Board how the criteria are met.

[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), _____ (year)

 

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: Address how all relevant criteria for ordering an expungement are met. Please see Step 1 of the guide for the complete list of the required criteria for ordering an expungement.

Provide sufficient details to demonstrate clearly to the Board how the criteria are met.

[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), _________(year)

 

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

[Complete NAME]
Signature

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