What the petition must include and what happens if the court grants the background removal petition?

Posted by John Smith on December 4th, 2019

The petition must include the following:

- The date of the arrest.
- The charge (on charge).
- The law enforcement agency where the agent who made the arrest works.
- Any other information about the identity, such as the name of the agent who made the arrest, the police case number or the case number in court.
- Your date of birth.
- Your social security number.

A statement that ensures that everything in your petition is true - This is known as "verification".

It is necessary to sign the petition, take the original petition to the appropriate court and send a copy of the petition to the law enforcement agency where the agent who made the arrest works and to the central repository of the state of archives.

What happens after submitting the petition?

After the petition is filed, the court can:

- Grant the request.
- Send it to an audience.
- Deny the request.

After the petition is filed, any law enforcement agency that disagrees with the petition has 30 days to present a notice of opposition to the court saying why it opposes the removal of criminal records. The agency may also file affidavits from representatives of the agency explaining why the agency opposes the removal of criminal records.

After a hearing, the i-192 waiver form can be filed and criminal record removal request should be granted unless the court decides that:

- You do not meet the requirements of any of the categories for criminal record removal,
- You have a history of arrest other than for minor traffic offenses or
- You have other pending criminal charges.

What happens if the court grants the background removal petition?

If the court grants the record removal request, the law enforcement agency must destroy the files you have about your arrest or return them to you. In addition, no information about his arrest can be placed in a central state criminal information system.

Can I do something to get rid of the criminal record of a conviction?

The Canada constitution says that the governor can grant a pardon after a criminal conviction; but, the governor does not do it frequently.