criminal record Pardon in Canada - international non-resident cross border income tax help estate family trust assistance expert

 Hi David, my name is xxxxxxxxx xxxxx..  I have a
 criminal record, probably 4 charges.  I want to get a pardon
 for this.  I was wondering how to get access to my
 record, and if I can do this free of charge?  Could
 you help me out on this?  Thank you.
david ingram replies:
I am verrrrryyy late answering this.
Note that as well as a PARDON from Canada, you need a Waiver to get into the USA.
You do NOT need to pay anyone to get a PARDON in Canada.or a US Waiver.
You can pick up a US waiver application at any US immigration POE (Port of 
Entry) or at a US Consulate.  I have never been able to find it "for free" 
on the interenet.  The forms or kits are also available commercially.
You can buy excellent kits for both Canada and the USA for $55.00 each at:
Everything you need to know for free in Canada can be found at:
and is reproduced below.
          Français  Contact Us  Help  Search  Canada Site
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          --Provinces--- Alberta British Columbia Manitoba New Brunswick 
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            Canadian Criminal Real Time Identification Services
            LEARN MORE
            . Civil Fingerprinting Services
            . Assistance to Law       Enforcement
            . National Parole Board Offices
            . Frequently Asked Questions
        a.. How to Obtain a Pardon
        b.. Non-conviction
        c.. Retention/Disposal of Criminal Records
        d.. Purging of Criminal Records
        e.. Retention/Disposal of Young Person Criminal Records
        f.. Young Person Specific Court Dispositions
        g.. Young Person Information Special Repository
      Pardon and Purge Services processes pardons granted and issued and 
revocations and cessation of pardons. It seals or reactivates the criminal 
record when a pardon is granted, revoked, or ceases to have effect, and 
notifies the contributing agencies on behalf of the National Parole Board 
      The section also purges criminal records information in accordance 
with the Criminal Records Act, Youth Criminal Justice Act, and ministerial 
      Note: Under the authority of the Criminal Records Act, the Minister of 
Public Safety Canada may disclose information from a pardoned record. Under 
the same Act, the National Parole Board may revoke a pardon if the person to 
whom it is granted is subsequently convicted of a summary offence or is no 
longer of good conduct. A pardon automatically ceases to have effect if the 
person to whom it is granted is subsequently convicted of a dual procedure 
      NOTE: Please direct all inquiries about the status of your pardon 
application to the National Parole Board office nearest you.
      The lead agency dealing with Pardons is the National Parole Board. For 
more information on Pardons, visit the Pardons Page of the National Parole 
Board website.
      To apply for a pardon:
        a.. You need to obtain a "Pardon Application Guide" from the 
National Parole Board (NPB).
        b.. A lawyer or other representative is not necessary.
        c.. To obtain the NPB booklet or for additional information, 
        Clemency and Pardons Division
        National Parole Board
        410 Laurier Avenue West
        Ottawa, ON K1A 0R1
        Telephone: 1-800-874-2652
        Fax. (613) 941-4981
        d.. Pardon Application Guides are also available from the NPB 
website, NPB Regional Offices, RCMP Offices, Provincial and Municipal Police 
Offices, and the Courts of Justice.
      You do not need to apply for a pardon if charges against you were 
dismissed, stayed or withdrawn, or did not result in a conviction.
      If charges did not result in a conviction, but your record is on the 
RCMP system:
        a.. you may contact the arresting police force and ask them to 
request that the RCMP return your fingerprints and all information taken at 
the time of arrest for destruction. The police forces may choose to deny 
this request.
      Criminal Records are retained until the subject of the record is 
eighty (80) years of age with no criminal activity reported in the last ten 
(10) years, except where the subject:
        a.. has been sentenced to life imprisonment.
        b.. has been designated a "dangerous offender", and/or is still 
under the sentence of a court.
        c.. is still the subject of a prohibition order which has not 
        d.. has an outstanding warrant or an interest has been expressed by 
an agency engaged in the execution or administration of the law.
      In each of these instances, the criminal record is retained until:
        a.. the subject completes his/her sentence and remains crime free 
for a period of ten years.
        b.. the subject attains one hundred (100) years of age.
      Absolute Discharges
        a.. All absolute discharges received on or after July 24, 1992, are 
removed from the criminal record after a period of one (1) year from the 
date of sentence.
        b.. Absolute discharges received before July 24, 1992, are removed 
upon written request from the individual.
      Conditional Discharges
        a.. All conditional discharges received on or after July 24, 1992, 
are removed from the criminal record three (3) years following the date of 
the sentence.
        b.. Conditional discharges registered before July 24, 1992, are 
removed upon written request from the individual.
      Please download the Request to Purge Absolute and/or Conditional 
Discharge form and complete and send to:
      Box 8885
      Ottawa, ON K1G 3M8
      Fax: 613-957-9063
      Requests must contain all of the following information:
        a.. your full name (including any maiden names or aliases),
        b.. date of birth,
        c.. complete return mailing address, including Civic address, 
Apartment number and/or P.O. Box number
        d.. phone number (include area code), and
        e.. the particulars of the offence(s) that apply.
      Having an expired criminal record as a Young Person should not affect 
you as an adult. Once entries have expired, the charges are removed and 
cannot be accessed by any law enforcement agency.
      However, a subject found guilty of a subsequent offence as an adult 
BEFORE the expiration of the retention period is treated as an adult and the 
retention and disposal periods applicable to an adult take effect.
      Young Person - Treatment of Specific Court Dispositions
      Summary Offence and Indictable Offence
        a.. If the young person is found guilty of a summary offence, the 
record is removed three (3) years after the satisfaction of the sentence 
(custody and/or probation).
        b.. If the young person is found guilty of an indictable offence, 
the record is active for a period of five (5) years after the satisfaction 
of the sentence (custody and/or probation) and then is transferred to a 
special repository.
        c.. If, prior to the expiration of the periods, a conviction for a 
subsequent summary offence or an indictable offence is entered against a 
young person, the retention period for all entries will begin anew. Once the 
retention period for the subsequent offence has expired, the entries are 
then transferred to a special repository.
      Finding of Guilt Not Entered
        a.. If the young person is acquitted (other than by a verdict of not 
criminally responsible on account of a mental disorder) and the charge is 
dismissed, withdrawn, or stayed, the record is transferred to a special 
        b.. If the young person receives a reprimand, extra juidicial 
sanctions or is ordered to enter into a recognizance to keep the peace and 
maintain good behaviour, the information is transferred to a special 
        c.. Restorative justice or extra judicial measures: the information 
is destroyed upon receipt.
      Absolute and Conditional Discharges
        a.. If the young person is found guilty, and given an absolute 
discharge, the record is transferred to a special repository one (1) year 
from the date of sentence.
        b.. If found guilty, and given a conditional discharge, the entry is 
transferred to a special repository three (3) years from the date of 
      Law enforcement agencies cannot access young person information once 
it is removed to a special repository. Information stored in the special 
repository can only be released by Pardon and Purge Services under 
circumstances outlined in section 128 of the Youth Criminal Justice Act.
        a.. National Parole Board of Canada
        b.. Real Time Identification Project (RTID)
            Content created: 2001-04-01
            Content revised: 2003-12-22
            Page updated: 2007-10-16 Return to Top Important Notices
 david ingram wrote:
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time - 
(please do not fax or phone outside of those hours as this is a home office)
email to taxman at
Disclaimer:  This question has been answered without detailed information or 
consultation and is to be regarded only as general comment.   Nothing in 
this message is or should be construed as advice in any particular 
circumstances. No contract exists between the reader and the author and any 
and all non-contractual duties are expressly denied. All readers should 
obtain formal advice from a competent and appropriately qualified legal 
practitioner or tax specialist for expert help, assistance, preparation, or 
consultation  in connection with personal or business affairs such as at If you forward this message, this disclaimer must be 
Be ALERT,  the world needs more "lerts"
David Ingram gives expert income tax & immigration help to non-resident 
Americans & Canadians from New York to California to Mexico  family, estate, 
income trust trusts Cross border, dual citizen - out of country investments 
are all handled with competence & authority.
Phone consultations are $400 for 15 minutes to 50 minutes (professional 
hour). Please note that GST is added if product remains in Canada or a phone 
consultation is in Canada.
This is not intended to be definitive but in general I am quoting $800 to 
$2,800 for a dual country tax return.
$800 would be one T4 slip one W2 slip one or two interest slips and you 
lived in one country only - no self employment or rentals or capital gains - 
you did not move into or out of the country in this year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no rental
$1,200 would be the minimum with a move in or out of the country. These are 
complicated because of the back and forth foreign tax credits. - The IRS 
says a foreign tax credit takes 1 hour and 53 minutes.
$1,500 would be the minimum with a rental or two in the country you do not 
live in or a rental and a business and foreign tax credits  no move in or 
$1,600 would be for two people with income from two countries
$2,800 would be all of the above and you moved in and out of the country.
This is just a guideline for US / Canadian returns
We will still prepare Canadian only (lives in Canada, no US connection 
period) with two or three slips and no capital gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely $450
And an American only (lives in the US with no Canadian income or filing 
period) with about the same things in the same range with a little bit more 
if there is a state return.
Moving in or out of the country or part year earnings in the US will ALWAYS 
be $800 and up.
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part 
of a tax return.
8891 forms are generally $50.00 to $100.00 each.
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after 
Just a guideline not etched in stone.
This from "ask an income trusts tax and immigration expert" from or or David Ingram deals on 
a daily basis with expatriate tax returns with multi jurisdictional cross 
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