Record Suspension: Step 6 – Complete the Schedule 1 Exception Form

Step 6 – Complete the Schedule 1 Exception Form

Please note that this step is only required if:

  • You have a conviction for a Schedule 1 offence and your first offence was committed on or after March 13, 2012 (see "Who is eligible for a record suspension"); or
  • Your Schedule 1 offence was committed on or after March 13, 2012.

Under Section 4(2) of the Criminal Records Act (CRA), a person is ineligible to apply for a record suspension if he or she has been convicted of an offence referred to in Schedule 1 (sexual offence involving a child) of the Act with certain exceptions.

  • If you have NOT been convicted of a Schedule 1 offence under the Criminal Records Act, skip to Step 7.
  • If you HAVE been convicted of a Schedule 1 offence, you MUST complete the Exception Form. Under Section 4(3) of the Criminal Records Act, a person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension IF the Parole Board of Canada is satisfied that the convicted person:
    • was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;
    • did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and,
    • was less than five years older than the victim.

IMPORTANT!

Fill in ALL sections of the Exception Form. If the form is incomplete, the Parole Board of Canada will return your application to you. If you do not have enough room to include all the requested information, attach additional pages to the form.

 

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