- Notarizing & Commissioning Documents
- Private Criminal Prosecutions
- Drafting Contracts & Other Legal Documents
- Drafting Affidavits & Statutory Declarations
- Record Suspensions
NotarizationDaniel Freudman is a registered Notary Public, which means that he is able to witness the signing of documents, administer oaths, and notarize documents (i.e. certify them to be true and accurate copies of the original). As your personal presence is not necessary when Daniel is certifying copies of an original document, arrangements can be made to have your documents sent to Daniel to notarize.
Commissioner of OathsDaniel Freudman is a Commissioner of Oaths, which means that he is empowered to administer and witness the swearing of oaths and solemn affirmations for affidavits as well as statutory declarations. It is important to note that a Commissioner of Oaths does not certify the truth of the statements contained within a document; rather, the Commissioner only certifies that the required declaration, oath or affirmation has been properly administered. For Toronto Notary Public and Commissioner of Oaths services at affordable rates, contact Daniel Freudman any time.
What Is A Record Suspension
If you have previously been found guilty of a criminal offence, you will have a criminal record. This criminal record does not automatically disappear or expire after a period of time. Rather, it will remain with you permanently unless you apply for a record suspension.
A Record Suspension, formally known as a pardon, is a process whereby the government expunges or removes information on your criminal record. It allows convicted offenders to have their criminal record separated so that it does not inhibit their employment, travel and other aspects of their lives. In other words, a record suspension is evidence of the fact that a conviction should no longer reflect adversely on a person’s character.
Eligibility For A Record Suspension
The Criminal Records Act confers to the National Parole Board the power to grant record suspension. However, a record suspension will only be granted if you have satisfied the relevant waiting periods without committing any further offences within that time. The waiting periods are as follows:
(1) For summary offence convictions (i.e. minor offences): you must wait 5 years from the completion of your sentence.
(2) For indictable offence convictions (i.e. serious offences): you must wait 10 years from the completion of your sentence.
"Completion of your sentence" means that you have paid any fines or restitution orders, and have completed any terms of probation. If a jail sentence was imposed, the wait period begins from the date the sentence expires, even if you were released early. Prohibitions (e.g. of driving or firearms) and are excluded from calculation of the wait period.
Notwithstanding these waiting periods, you can apply for a record suspension up to one year before your record suspension eligibility date.
Note: certain serious sexual offences (including sexual interference) and serious personal injury offences (including manslaughter) have waiting periods which differ from those listed above. For more information on waiting periods, contact Toronto record suspension lawyer Daniel Freudman.
Benefits And Limitations Of A Record Suspension
A record suspension will remove all information on your criminal convictions from the Canadian Police Information Centre (CPIC). This means that potential employers and educational institutions will not have disclosure of your pardoned offences, nor will they be able to discriminate based on the pardoned conviction. As a result, a record suspension will help you in the following areas:
- Employment- improves chances of being hired (especially in the banking, legal, hospital, and government sectors), and greater likelihood of career advancement & promotions;
- Education opportunities- increases likelihood of acceptance to educational institutions;
- Licenses and permits- easier to obtain such when you have no criminal record;
- Insurance- greater likelihood of acceptance and lower rates;
- Childcare- improves chances of child custody and adoption;
- Rentals- higher approval rates for those without criminal records;
- Volunteering- better chance of being accepted for volunteer positions and working with children;
- Respect, reputation and peace of mind
A record suspension does not erase the fact that you have been convicted, nor does it guarantee you entry or visa privileges to another country. Rather, it keeps the conviction "separate and apart" so that most people (such as employers and educational institutions) cannot see it and thus will not know that you were ever convicted of a criminal offence.
If you have been pardoned for certain sexual offences (as listed under the Criminal Records Act), then your record will be kept "separate and apart" but your name will still be flagged in the CPIC system. This caveat is designed to protect children and other vulnerable groups by allowing potential employers (e.g. daycare centres and nursing homes) full disclosure to your records.
Revocation of a Record Suspension
Your record suspension will automatically be revoked if you are convicted of a subsequent indictable offence.
Otherwise, the National Parole Board has discretion to revoke your record suspension if:
(i) you are convicted of a summary offence, or
(ii) you are no longer "of good conduct" (e.g. if you are convicted of an offence in another country), or
(iii) you were found to have knowingly made a false representation or concealed information on your record suspension application.
In such non-automatic revocation cases, you will be given notice of the National Parole Board’s hearing on the matter, and you may be able to make written or oral statements as to why your record suspension should remain valid.
The Record Suspension Process
There are several steps in the record suspension application process, most of which involve gathering specific information or filing certain documents. Such steps include:
- Submitting fingerprints to the RCMP to allow them to conduct a criminal record search
- Gathering court information pertaining to any prior or existing charges
- Arranging for local Police Services to conduct a records check
- Providing proof of identification
- Completing a Record Suspension Application Form, and supplying specified additional information
- Other steps depending on your specific circumstances (e.g. if you are an immigrant or served in the military)
Toronto record suspension lawyer Daniel Freudman will complete all of the above steps which do not require your personal attention, and will contact you with any updates as to the status of your application. For those steps which require your involvement (such as getting fingerprinted at your local police station), Daniel will walk you through the process and answer any questions you may have.
How Long Will It Take?
Once Daniel obtains all of the necessary information, he will promptly organize it and forward it to the relevant government parties. Due to the high volume of applications the RCMP and National Parole Board receive, it may take anywhere from 10 to 18 months to process your record suspension. However, Daniel will routinely follow up with all relevant parties to ensure that your application is being properly processed, and will report to you with any developments or changes in timeframes. You may also contact Daniel if you have any questions pertaining to your record suspension and/or what stage of the process it is currently in.
Why you Need A Lawyer
Applying for a record suspension can be a confusing and complex process. Several documents must be gathered, completed and filed in a specific order and within a timely manner. If a mistake is made or a form is filled out incorrectly, your record suspension application may be substantially delayed, or in some cases, rejected entirely. If you are denied a record suspension, you must wait a full year before you are permitted to reapply, at which point you will have to begin the process from stage one.
Daniel Freudman will save you the anxiety involved in applying for a record suspension. He is very familiar with the process, and is able to gather and submit all required materials in a timely and effective manner. Daniel will ensure that documents are in order so that your record suspension application is not delayed or denied. Daniel will maintain contact with you through every stage of the process so that you know the exact status of your application.
Don't let a criminal record stand in your way any longer. Call Toronto record suspension lawyer Daniel Freudman today for a FREE consultation and cost estimate for a record suspension.