DLM
03-28-2005, 06:50 AM
Criminal checks more common
But your record can be expunged
BRUCE CHEADLE
CANADIAN PRESS
OTTAWA—It's been almost three decades since John was busted with half a gram of hash at a Carlos Santana concert. It was the second such conviction of his troubled 16th year.
Since then, he's raised a family, built a successful communications career, volunteered in his community and attracted nothing more untoward than the odd parking ticket.
But over the past three years, John estimates his teenaged antics have cost him up to $80,000 in lost contractual opportunities and countless hours of hassle negotiating his way through what have become ubiquitous police background checks.
"My situation, I imagine, is quite common in that I have a summary conviction that is ancient history and only now is that a concern," says John, who did not want his real name published.
"Criminal record checks are becoming so much more common in determining somebody's credibility or appropriateness to be hired or consulted or involved ...
"Certainly it's never been an issue in the past for me."
Now, says John, "this is a big issue in my life."
He's not alone.
About three million Canadians — one in 10 — have criminal records, according to the National Parole Board.
Since 1970, when Canada became the first (and still virtually the only) country in the world to offer full pardons for most offences, some 330,000 pardons have been granted.
The numbers have been surprisingly stable at about 20,000 applicants a year, even after Sept. 11, 2001 as growing U.S. border restrictions make more Canadians aware of the need for a clean slate.
In 2002-03, the most recent year for which numbers are available, the parole board processed 17,000 pardon applications and accepted 90 per cent of them.
"It doesn't erase the fact that you have a criminal conviction," says John Vandoremalen of the National Parole Board.
"What it does is sets that record aside and seals it — at least in Canada."
That means whether you're applying for a job, volunteering as a soccer coach or filling out a rental agreement, a police check won't reveal your past.
In John's case, a pardon would erase many headaches.
Standard background checks reveal the father of two has a criminal record, but not his crime: "Might be a mass murderer, could be a pedophile ... It's up to me to give out that information.
"But before that happens, they may write you right off. That's the real danger."
What a pardon will not do is clear Canadians for travel in the United States, although it may help. It's an issue fraught with ambiguity.
Canadian pardons are not recognized by the United States. The parole board recommends that individuals tell U.S. border officials they have a record but have been pardoned.
Since Sept. 11, increased cross-border sharing of criminal databases means the Americans may already know your past. If they do, and you lie, you're in for greater trouble.
But if they don't, "the risk is that all of a sudden you're telling them you have a criminal record," Vandoremalen concedes.
That record will go into your permanent U.S. file and will likely force you to seek a travel waiver from the Immigration and Naturalization Service, or INS.
There are a number of private companies that assist Canadians in applying for pardons, offering services similar to income tax specialists.
Their advice on the U.S. border is more nuanced.
"Whether you tell someone or not, that's up to you," says Ian Levine of Pardons Canada, a Toronto-based not-for-profit organization.
"That's a moral decision. We can't counsel people to lie but we can also tell them (their record) is not in the RCMP database any more. You kind of have to read between the lines."
Vandoremalen treats the private pardon services with a certain disdain.
Anyone can apply on their own, he says, and you won't get your pardon any faster if it's prepared by a professional. The names, websites and advertising of these services often make them appear as if they are government agencies, which they are not, says Vandoremalen.
Levine counters that the complexity of the application, which requires retrieving time-sensitive documents from local courts and police, makes it difficult for average citizens to properly prepare.
His service charges a flat $420 fee, plus $55 for RCMP-certified fingerprints. Some for-profit agencies charge up to $900 per application.
Levine is a passionate promoter of the pardons system and says Pardons Canada fields about 200 calls a day, of which only about five result in applications.
"Most people are so embarrassed or shy or humiliated that they don't actually want to activate a file," he says.
"The reality is it's quite easy to get a pardon if you just know what you're doing. It's not invasive. You don't have to talk to your neighbours. Your boss is not going to find out ...
"Responsible people should always erase their record as quickly as possible. You can only benefit from it, and I think it's one of the best gifts this country still offers its people."
Like John, Levine sees evidence of a growing North American security mentality in which greater numbers of Canadians are finding their criminal past a liability.
He expects pardon applications to climb 20 per cent over the next year.
"There's a time lag between people getting caught, understanding that their old records hurt them, then applying for a pardon," says Levine.
"The National Parole Board hasn't seen those yet."
But your record can be expunged
BRUCE CHEADLE
CANADIAN PRESS
OTTAWA—It's been almost three decades since John was busted with half a gram of hash at a Carlos Santana concert. It was the second such conviction of his troubled 16th year.
Since then, he's raised a family, built a successful communications career, volunteered in his community and attracted nothing more untoward than the odd parking ticket.
But over the past three years, John estimates his teenaged antics have cost him up to $80,000 in lost contractual opportunities and countless hours of hassle negotiating his way through what have become ubiquitous police background checks.
"My situation, I imagine, is quite common in that I have a summary conviction that is ancient history and only now is that a concern," says John, who did not want his real name published.
"Criminal record checks are becoming so much more common in determining somebody's credibility or appropriateness to be hired or consulted or involved ...
"Certainly it's never been an issue in the past for me."
Now, says John, "this is a big issue in my life."
He's not alone.
About three million Canadians — one in 10 — have criminal records, according to the National Parole Board.
Since 1970, when Canada became the first (and still virtually the only) country in the world to offer full pardons for most offences, some 330,000 pardons have been granted.
The numbers have been surprisingly stable at about 20,000 applicants a year, even after Sept. 11, 2001 as growing U.S. border restrictions make more Canadians aware of the need for a clean slate.
In 2002-03, the most recent year for which numbers are available, the parole board processed 17,000 pardon applications and accepted 90 per cent of them.
"It doesn't erase the fact that you have a criminal conviction," says John Vandoremalen of the National Parole Board.
"What it does is sets that record aside and seals it — at least in Canada."
That means whether you're applying for a job, volunteering as a soccer coach or filling out a rental agreement, a police check won't reveal your past.
In John's case, a pardon would erase many headaches.
Standard background checks reveal the father of two has a criminal record, but not his crime: "Might be a mass murderer, could be a pedophile ... It's up to me to give out that information.
"But before that happens, they may write you right off. That's the real danger."
What a pardon will not do is clear Canadians for travel in the United States, although it may help. It's an issue fraught with ambiguity.
Canadian pardons are not recognized by the United States. The parole board recommends that individuals tell U.S. border officials they have a record but have been pardoned.
Since Sept. 11, increased cross-border sharing of criminal databases means the Americans may already know your past. If they do, and you lie, you're in for greater trouble.
But if they don't, "the risk is that all of a sudden you're telling them you have a criminal record," Vandoremalen concedes.
That record will go into your permanent U.S. file and will likely force you to seek a travel waiver from the Immigration and Naturalization Service, or INS.
There are a number of private companies that assist Canadians in applying for pardons, offering services similar to income tax specialists.
Their advice on the U.S. border is more nuanced.
"Whether you tell someone or not, that's up to you," says Ian Levine of Pardons Canada, a Toronto-based not-for-profit organization.
"That's a moral decision. We can't counsel people to lie but we can also tell them (their record) is not in the RCMP database any more. You kind of have to read between the lines."
Vandoremalen treats the private pardon services with a certain disdain.
Anyone can apply on their own, he says, and you won't get your pardon any faster if it's prepared by a professional. The names, websites and advertising of these services often make them appear as if they are government agencies, which they are not, says Vandoremalen.
Levine counters that the complexity of the application, which requires retrieving time-sensitive documents from local courts and police, makes it difficult for average citizens to properly prepare.
His service charges a flat $420 fee, plus $55 for RCMP-certified fingerprints. Some for-profit agencies charge up to $900 per application.
Levine is a passionate promoter of the pardons system and says Pardons Canada fields about 200 calls a day, of which only about five result in applications.
"Most people are so embarrassed or shy or humiliated that they don't actually want to activate a file," he says.
"The reality is it's quite easy to get a pardon if you just know what you're doing. It's not invasive. You don't have to talk to your neighbours. Your boss is not going to find out ...
"Responsible people should always erase their record as quickly as possible. You can only benefit from it, and I think it's one of the best gifts this country still offers its people."
Like John, Levine sees evidence of a growing North American security mentality in which greater numbers of Canadians are finding their criminal past a liability.
He expects pardon applications to climb 20 per cent over the next year.
"There's a time lag between people getting caught, understanding that their old records hurt them, then applying for a pardon," says Levine.
"The National Parole Board hasn't seen those yet."