Pros & Cons of Pardons & Clemency (Canada)
To an Ex-Con the pardon may seem like a long way away, especially when you are first released, but the years do go by quickly. I often wondered if I really wanted a pardon or if I should even bother. However, since 9-11 the world is changing and almost all places of work require a criminal record check, and it is virtually impossible to get around it in many cases. As I am writing this I am going to go for my pardon soon, and to be honest, I am scared to file for it, and not because they will say no. Let's face it; it is not like I will not know how to handle rejection. I am afraid of going to the police station and getting the criminal record check done. I know your saying what is the big deal; however for me I have not been able to do it ever since my sentence was completed. However I am going with my former Parole Officer for moral support, as it is much harder to run away when someone is standing next to you. Whatever the reason is for you, we all have our battles and fears when it comes to pardon time. However, it is something you need to do, especially if you are eligible for it. I could have had a pardon by now if I if I wasn't so hesitant about it I am going to give you some of disadvantages of getting a pardon first, which falls more under the lines of what most people do not realize, or misconceptions about it. Then I will go through the positives, and they do far outweigh the negatives, so please read the whole page.
Disadvantages to getting a pardon | Criminal Record Check
There are many reasons why a convict should have their criminal record removed. At the same time you should also be aware of what a pardon really is and what it does. Some are under the impression that your record is gone forever, or you can travel to other counties with out any problems. Well that is not true. Your federal record is sealed, however it is only sealed at lower level, meaning that if you apply for a job or are pulled over for a routine traffic stop by a regular beat cop, you will come up clean on the check when they run you through, and your record will come up clean for most jobs, however, with the growing global economy you need to be aware of some things. I will give you an example. If you apply for a job in Canada and were issued a pardon by the National Parole Board and this company is a cross border company, your criminal record check will only come up clean if done in Canada. So if you have to cross the border for training you could be arrested and detained at the border in the United States for example. Why? Your pardon is only valid in the country it is issued. You will need an "entry waiver" to go to another country. It may be difficult to explain this situation to your employer. Even if you are applying for a job in Canada and do not need to travel there is nothing stopping them from doing the criminal record check in the United States, for example. Do not make the mistake of thinking that because you have a pardon you can just walk across the border anytime you like. I know they ask you; "Do you have a criminal record for which you did not receive a pardon?" however, that is just a rhetorical question because you will still show up in the database if they run you.
Another thing you have to be aware of is the local police station(s) where your crime(s) were committed will still have the records on file. They do not have to do anything with pardons, nor are required to follow any of the guidelines of the granted pardon. Also if you had a high profile crime or violent offence, no one is going to forget it in that area. Here is an example of this; you are driving through your local area where the crime was committed after obtaining a pardon, a local police officer who knows who you are sees you and decides to pull you over. They sometimes do this to us just for kicks and giggles. The officer checks your driver's license and it comes up clean, he takes a few extra minutes to get out of the car as if he is not sure what is going on, but he knows for sure who you are. At that point he might figure out that you have a pardon or just ask you. However, how much do you want to bet, that when the officer goes back to the police station he/she is not going to pull up your local file. This is because the pardon is granted at the federal level, and has no effect on the local area. You could never go back to your local community and live a normal life.
If you are under investigation for an indictable offence or have been charged for one, you will find the pardon will disappear faster then the time it takes to charge you.
Here is how they explain it (please note for Canada).
Taken from http://www.npb-cnlc.gc.ca/prdons/servic-eng.shtml
A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records.
Under the Criminal Records Act (CRA), the National Parole Board (NPB) may issue, grant, deny, or revoke pardons for convictions under federal acts or regulations of Canada.
If you look deeper into it you will find that getting a pardon will require you to be a law abiding citizen and you will need to stay that way to keep your pardon as well. For me, I do not have much of an issue with this part of it, as I intend to be more for crime prevention and just cannot imagine myself doing anything to ruin my pardon if I was ever granted one.
The part that does bother me a little is where it says the criminal record is set apart. In most cases a normal police officer or most criminal checks only have access to the whole of the criminal records and never see the ones set apart, however, there are those in high positions who have a level of security clearance that have easy access to the "separate and apart from other criminal records". I guess I just personally feel that this just opens it up to being abused by an individual. If you do not believe me, apply for a high level security position or high profile one, and you will soon find out what I am talking about. Even with a pardon and a clean background check, there still will be some jobs that you will never be able to obtain. Now with that being said, I know personally, I never want any of these positions anyways, so it really has little or no effect on most of us. If you want to be in a high profile position you can be turned down for it for much less then a criminal record.
Clemency (Different slightly from Pardon)
Taken from http://www.npb-cnlc.gc.ca/prdons/servic-eng.shtml
The Royal Prerogative of Mercy (RPM) is a Queen's prerogative exercised in Canada by the Governor General or the Governor in Council. It relates to forms of clemency, granted in exceptional circumstances in deserving cases involving federal offences.
The Governor General or the Governor in Council grants clemency upon recommendation from the Minister of Public Safety or at least one other minister.
This is very rare in Canada to my knowledge; I do know that this is something that can be done at a higher level then the National Parole Board. The Governor General may grant two types of pardons, free pardons and conditional pardons, and may also grant respites from the execution of a sentence. In addition, sentences, as well as fines, penalties or forfeitures "due and payable to the Queen in right of Canada", may be remitted by the Governor General.
However I would not get too excited about the idea of that for a regular convict, or just an average "Joe" like most of us. You would have to know some powerful people for that to take place, or a massive injustice was done to you and it was all over the news.
Advantages of Obtaining a Pardon
The positive points of a pardon far out way the negatives. I just mentioned the negatives first only because there are a lot of misconceptions about them and people need to be aware of them. Here are some of the good points of obtaining a pardon.
Obtaining a pardon will give you peace of mind in a job interview, and this I know from experience. Keep in mind that my sentence has been done since the year 2000, however, when I go to an interview it goes great. I interview well and they often want to hire me. Then they state; "We need a criminal record check, and…." It is the most horrible, and annoying problem, because I know I can do the job, I am qualified and all that wonderful stuff, but it is also evident to me at that point I am not going to get the position. It will be a wonderful day for me, when I am asked that question and can pass them a clean criminal record check. I think that once my criminal record is removed and I am granted a pardon, I will feel better about myself and my future prospects. A criminal record has hindered my chances of getting hired for over 11 years now. I am scared once I get a job that I may be subject to future criminal record searches by my employer, and I have had that happen and was fired before for it. I could be denied a promotion if a future search reveals my criminal record. Without a job you cannot feed your family or take care of yourself, and if you have to take lower paying positions that can have an effect on self-esteem, family, and make you feel worthless and less than human. A pardon can clear this problem up for you and help you get back some of your dignity. There is nothing worse than not being able to make enough money to feed yourself or your family when you are capable of working but no one will hire you, and the only ones who will, often offer low pay and dangerous work conditions. This paragraph is very emotional for me, and I just wish I could pour out my feelings in a way you could all understand, however most of you never will.
I have heard that some companies will request a criminal check on your company if you are self-employed; however I was never asked to do that. Some companies require it if you are sub-contracted on individuals in the company or the whole business itself. I think it is rare but it could happen I am sure.
You are able to be bonded, which means that the employer has paid insurance which will pay claims made against employees unethical actions, etc. I am sure it costs more to bond those with a criminal record; however, do you really think the employer is going to tell insurance company that? The employer is not going to tell them something that is going to raise their insurance. So they just do not hire you, or don't ask. You can be blanket bonded even with a criminal record.
Domestic situations can be affected by criminal records. If you are in a custody battle or trying to adopt, parents have had their child custody and visitation rights negatively impacted because of a criminal record. These cases are rare, however, if you have criminal record that is related to a crime against a child, all I can say is, Good Luck! (Even with a pardon). If it is something not related to that, and it is not foreseeable that you would ever hurt your children, it won't have much effect. However, it is not an issue if the pardon is there and you are law abiding.
Some landlords are now requesting a criminal record check before they rent you an apartment. This is another issue that makes me upset. I have not been asked it yet but I am sure someday I will. A pardon will take care of that problem.
Some educational degrees or professions programs require criminal checks before the program requirements can be met. I personally know of people who have had to do this, however they didn't have a criminal record. I would never be able to do it. A pardon would also take care of that problem.
Another major issue is volunteer work, especially if it has anything to do with youth. A few years back I wanted to volunteer for something and was denied and could not do it. A pardon would take care of that problem too.
Conclusion
A pardon is granted only on the condition you will continue to be a law abiding citizen. It is not a forgiveness or likeness there of, and it is not saying that what you did was ok. It enables you to live as close to a normal life as possible and have the same opportunities as many others. These opportunities are things as simple as getting employment, or belonging to an organization. It is not something special. The very things that most take for granted in society and our rights as a Canadian are often in jeopardy when you have a criminal past or criminal record. A pardon will put you on a normal playing field for most opportunities and normal life situations. Image if your ability to work in most places is taken away; or you cannot volunteer at your own children's events. Imagine if you cannot cross the border, or rent the apartment you want, or you cannot take the upgrading or education you want because you do not meet the requirements. Most women/men you date do not understand and do not want to take the chance on you. It haunts you far beyond the sentence imposed by the court. I am over 8 years past my sentence. I just want to be able to get a normal job opportunity and other opportunities other citizens enjoy.
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