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If the Parole Board is considering denying the application, they will give the applicant an opportunity to make further submissions in writing or at an oral hearing. [10] If the record suspension is denied, the applicant must wait one year before applying again. [11] Granted Record Suspension
Under the Criminal Records Act, Section 2.1, [5] the Parole Board of Canada is the administrative tribunal that has the exclusive authority to make decisions regarding Record Suspensions. A Record Suspension is a formal means to remove the disadvantages associated with having a Criminal Record for people that have been convicted of a criminal ...
For instance, the delay period for an application for a criminal record suspension (formerly called a pardon) disregards any remission earned. An accused person serving a determinate sentence, other than life imprisonment, is eligible for statutory release after serving two-thirds of the sentence.
This section made significant changes to the country's pardon laws. Part 3 of the bill replaced the term "pardon" with "Record Suspension" and eliminated pardons for those with Schedule 1 criminal offences on their record or those with more than three offences each carrying a sentence of two years or more. [7] The bill caused much controversy.
In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence.
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The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. [2]