Cancellation of criminal records

Posted by John Smith on December 3rd, 2019

Criminal records do not remain in the database of the Ministry of Justice forever. In fact, they expire and the law requires their cancellation and elimination. In this sense, the first thing to do is let time pass. And, depending on the crime committed, the law dictates a certain period to proceed to its destruction. 

For example, criminal records generated by crimes considered as minor have a period of validity of 6 months, while those caused by the very serious reach 10 years. This period begins to count, as we said before, from the moment in which the sentence is fulfilled.

Also, to proceed with the cancellation of the criminal record you have, you must contact Canadian pardon services. Also you should have complied with the criminal liability derived from it established by the judge. Nor can you have committed a crime again during this period. 

Fulfilling all these requirements, the data is automatically deleted from the Penalty Registry database. If not, you will only have to make a claim in the Ministry of Justice attaching the necessary evidence to be deleted.

Cancellation of police records:

The cancellation of the police record is not as important as the criminal record, but it should also be carried out. However, as with the subject of your query, demanding deletion and deletion is also more complex. So you should contact Pardon services Canada.

The cancellation of this background is also included in the Protection of Personal Data. However, it provides for the possibility that the State Security Bodies and Forces deny it because there is an ongoing investigation in which they are necessary or to guarantee the freedoms and defense of third parties. This is the most ambiguous concept and, consequently, against which it is more complex to argue.