For IO/MD

[Eric Parker]

How do you treat Expungments and Pardons? I have been told that Canada does not honor such items and that they are actually a lie. Because of this, does one who has an expungment or a pardon still need to have the rehabilitation form from Canada when all of the data pertaining to the expungements or pardons have been sealed forever or have been destroyed because of the expungements and pardons?

[rjessome]

Hi Eric, I'm not IO/MD (who's id name is ImmOfficer) or PMM but thought I would throw my 2 cents in to try and help.  According to the Act and Regs, pardons only work for crimes committed IN CANADA for which a Canadian pardon is sought and received.  What that tells me is that Canada does not recognize pardons or expungements of other countries.  You would still need to apply for Rehab if you don't meet the criteria for Deemed Rehabilitation.

But about how a VO would view the documentation of a pardon from another country, I don't know.  I'm not a VO!  LOL!  I assume it would help your rehab application but that's just a guess.  Hope you get a response.

[ImmOfficer]

Expungements can be tricky because they can mean different things. Sometimes they are removed from records for companies doing background checks but the conviction remains. Sometimes they remove the conviction completely.

Pardons remove the conviction completely.

For me and all those I work with, if a Pardon or Expungement removed the conviction completely OR changes the disposition to dismissed or acquitted, then we will not consider the crime when determining your admissibility.

Sometimes the computerized record is not updated and all we can see is an arrest. We would consider this a conviction unless you provide court documents stating otherwise.

[Eric Parker]

"For me and all those I work with, if a Pardon or Expungement removed the conviction completely OR changes the disposition to dismissed or acquitted, then we will not consider the crime when determining your admissibility."

So, if an expungement order permanently seals the records and the person can legally say they have never been convicted (per the order) and the FBI background checks (police clearances) come back with "no arrests", would that mean the conviction would be "removed" for your purposes?

[rjessome]

Ok this is good to know.  But let me ask a question then.  In the interest of full disclosure, I'm assuming that on the background declaration form the applicant would STILL answer YES when asked about previous convictions and explain that the conviction has been pardoned and/or expunged in the space alotted.  Is this correct?

[PMM]

Hi

Ok this is good to know.  But let me ask a question then.  In the interest of full disclosure, I'm assuming that on the background declaration form the applicant would STILL answer YES when asked about previous convictions and explain that the conviction has been pardoned and/or expunged in the space alotted.  Is this correct?

Yes.

PMM

[ImmOfficer]

Yes, when asked, tell them.

"Permanently Sealed" doesn't always mean "conviction removed". There could still be an existing conviction, it just wouldn't show up for employment background checks. It would show up for ours.