Step 2 - Get your Court Information
New information for record suspension applicants regarding victim surcharges
A recent Supreme Court of Canada ruling struck down the mandatory victim surcharge imposed on offenders as part of their sentencing, under section 737 of the Criminal Code.
Before this ruling, applicants had to prove that they had paid all fines in full before being eligible to apply for a record suspension/pardon. Going forward, outstanding victim surcharges imposed on or after October 24, 2013 (under Section 737 of the Criminal Code) will no longer be considered when reviewing eligibility for a record suspension/pardon application. All other fines and surcharges must still be paid in full.
If your application was returned to you because of an outstanding victim surcharge, you are encouraged to re-submit your application.
You must get Court Information for each of your convictions. This must include proof of payment for any fines, victim surcharges, restitution, and compensationNote de bas de page 1 (including date of final payment). This must also include the method of trial for each conviction (either summary or indictable). The method of trial will decide your eligibility for a record suspension (5- or 10-year waiting period) and how your request will be processed. If this information is not provided, the longest waiting period (10 years) will be applied to your file.
Fill in questions 1 to 6 on the Court Information Form at the back of this Guide. Make copies of the form first in case you need to give it to more than one Court.
Contact the Court that heard your case.
If you were sentenced in more than one Court, you must contact each Court and have them fill in this form. Give each Court a photocopy of your Criminal Record and ask each Court to fill in the section on the Court Information Form called For Court Use Only.
Make sure that each Court:
- Fills in all information in the For Court Use Only section of the form
- Signs and dates the form
- Puts their official Court seal or stamp on the form
- Gives you 2 copies of all your Court documents so you have an extra copy for yourself, in case you need these in the future (example: to enter a foreign country). It's easier to get a copy now as the record may not be available if a record suspension is ordered.
Compare the information from the Court on the Court Information Form with your Criminal Record and check for the following:
- If there is a discrepancy with the information on the Court Form and Criminal Record, or if the Court has a Record of Conviction that does not appear on your Criminal Record, you must ask the Court for a Proof of Conviction. See Step 1: Proof of Conviction.
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