If you have a criminal record, and are far from the point where you can apply for a pardon etc -- can you still become a lawyer in toronto ontario?
Following up on some previous answers, you need expert advice from a qualified person. That qualified person is someone that used to, but is not now, approving calls to the bar. Hence, he knows the ropes, but is not restrained by his position, so he can give your actual expert advice. If you are motivated enough, you can find such a person. It is too much of a gamble to invest in a complete legal education, only to have been disqualified from the beginning.
and are far from the point where you can apply for a pardon does that mean far in time? or far in number offences? (See below.) If in time, you merely need to wait for the period to expire to make you eligible. Meanwhile, you could be getting your education. If in the number of offences, then you need careful legal advice. But, multiple charges, accrued during the course of the same incident are sometimes construed as a single offence for the purpose of determining eligibility for a pardon. The reason is that police and prosecutors love to pile on the charges so they have a better chance of getting a conviction on one of them, and to lengthen the sentence. For example, a defendant may get a DUI charge and also be charged with multiple traffic violations or assault with a weapon (the car). He might still be eligible for a pardon because all the charges stemmed from a single incident.
Pardon Eligibility Criteria
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Rules:
• You cannot apply for a Pardon if you have outstanding charges.
• You cannot apply for a Pardon for one offence and not another.
• You must meet all eligibility requirements for all offences.
Waiting Period:
• For Summary Offences: 3 years after your sentence has been satisfied.
• For Indictable Offences: 5 years after your sentence has been satisfied.
The date that you satisfied your sentence is the date that you satisfied your fine, victim fine surcharge, restitution, probation, incarceration, compensation order or community service. If you were given a 2-year probationary period, the date that you satisfied your sentence is the last day of your 2-year probationary period—not the date that you were discharged from probation.
Suspensions of Drivers’ Licence and ban on possessing a gun for a given period of time are not used in the calculation of waiting periods. This means you may be eligible to apply for a Pardon even if you are still prohibited from obtaining a Drivers’ Licence or possessing a firearm.
Process for Granting Pardons
You must first apply for a Pardon. Your criminal record is not automatically sealed after a certain period of time. Once you have applied, you will be granted a Pardon as follows:
• Summary Offences: The Board has confirmed that you (a) completed your 3 year waiting period; and (b) have not been convicted of any other offences since your last conviction.
• Indictable offences: The Board has confirmed that you (a) completed your 5 year waiting period; (b) have not been convicted of any other offences since your last conviction; and (c) have met the “good conduct criteria”.
Summary or Indictable
Convictions are tried either summarily or by indictment. Some convictions are always summary (i.e. causing a disturbance) and are considered minor offences. Some convictions are always indictable (i.e. break and enter into a dwelling house, sexual assault, aggravated assault, theft over, theft from an employer, drug trafficking or cultivation) and are more serious offences. A hybrid offence is an offence that can be tried either summarily or by indictment.
A hybrid offence is ordinarily treated as an indictable offence, unless the crown elects to treat it as a summary offence. In other words, hybrid offences can be either summary or indictable and include convictions such as theft under, mischief, and assault. To determine whether your convictions are summary or indictable, you will need to refer to your Court Document.
Pardon Refusals & Good Conduct Criteria
Your Canadian Pardon may be denied (there are exceptions) if one of the following occurred within the past 5 years:
• you have been under criminal investigation (even if found not guilty or charges were withdrawn, dismissed or stayed);
• you entered into a peace bond;
• you were drunk and disorderly in a public place;
• you have overdue provincial offence fines;
• you were convicted of a provincial or municipal offence;
• you have a suspended Drivers’ Licence;
• harassing telephone calls;
• there is an outstanding warrant for your arrest;
• you are known by the police to be associating with gangs, criminals or terrorist groups;
• you are not eligible for a Pardon; or
• you were involved in any situation where police intervention was required.
If the National Parole Board proposes to deny your Pardon, you will be given an opportunity to respond in writing to the National Parole Board. The Board will consider your written representations before making a final decision on your file. If your application is refused, you will be able to re-apply for a Pardon one year after the date of the decision.
Processing Times — 8 to 24 months
Average processing time fluctuates—8 months to 2 years (closer to 8 months for individuals with minor records and upwards of 2 years for all other applicants).
In the USA, any one can
background search criminal records on anyone else because criminal records are considered public information. It is common for Amreican companies to run pre-employment background check on all job applicants.
