Can an Impaired Driving Charge Be Expunged in Calgary? Contents ...................................................................................................................................................................... Expungement vs. Record Suspension in Canada ..................................................................................... 3 Eligibility Criteria for a Record Suspension in Calgary .......................................................................... 3 5-Year Waiting Period for Summary Convictions .............................................................................. 4 10-Year Waiting Period for Indictable Offences ................................................................................. 4 Completion of All Sentencing Requirements ...................................................................................... 4 No New Charges or Convictions During the Waiting Period .............................................................. 4 Required Documentation and Application Steps..................................................................................... 4 Obtain a Certified Criminal Record Check Using Fingerprints ........................................................... 5 Gather Court Records and Proof of Sentence Completion from Calgary Courts ................................. 5 Complete Parole Board of Canada Application Forms Accurately ..................................................... 5 Include Personal Statement and References If Applicable .................................................................. 6 Costs and Timelines for Calgary Applicants ........................................................................................... 6 Application Fee Payable to the Parole Board of Canada ..................................................................... 6 Additional Fees for Fingerprinting, Document Collection, and Postage ............................................. 6 Average Processing Time: 6 to 12 Months Depending on Case Complexity ...................................... 7 How a Calgary Criminal Defence Lawyer Can Help .............................................................................. 8 Reviewing Your Eligibility and Advising on Documentation ............................................................. 8 Ensuring All Forms Are Properly Completed and Submitted ............................................................. 8 Helping Draft a Compelling Personal Statement................................................................................. 9 Increasing the Chances of a Successful Application Through Legal Expertise ................................... 9 When to Contact a Calgary Lawyer .................................................................................................... 9 Contact Details of Calgary Defence Lawyer .......................................................................................... 10
Expungement vs. Record Suspension in Canada When it comes to clearing a criminal record in Canada, it’s important to understand the distinction between expungement and record suspension. Expungement is exceptionally rare in Canada. This legal process is reserved for removing convictions related to historical injustices, such as laws that discriminated against LGBTQ+ individuals. Expungement is typically granted only in extraordinary cases where the original law itself was deemed unjust and discriminatory. Impaired driving convictions do not qualify for expungement. Under current federal and provincial laws, impaired driving offences— whether alcohol or drug-related—are not eligible for expungement. These convictions are considered legitimate under current Canadian law and therefore remain on your criminal record unless you take further action. Record suspension is the legal pathway available for most individuals. Previously known as a “pardon,” a record suspension does not erase a conviction but sets it aside, meaning it is removed from active criminal records and will not show up in most background checks. This is often the most practical solution for individuals convicted of impaired driving in Calgary.
Eligibility Criteria for a Record Suspension in Calgary Here’s what you need to know if you're seeking a record suspension for an impaired driving conviction in Calgary:
5-Year Waiting Period for Summary Convictions If you were convicted of impaired driving as a summary offence, you must wait five years from the date you completed all sentencing requirements. This includes paying fines, completing probation, or serving any jail time. 10-Year Waiting Period for Indictable Offences If your impaired driving conviction was treated as an indictable offence, the waiting period increases to ten years. This applies to more serious cases, such as those involving bodily harm or multiple offences. Completion of All Sentencing Requirements You must complete all components of your sentence before the waiting period begins. This includes:
Payment of fines, victim surcharges, and restitution Completion of any court-ordered programs or counselling Full compliance with probation or conditional sentence terms
No New Charges or Convictions During the Waiting Period To remain eligible, you must stay conviction-free during the entire waiting period. Any new criminal charges or convictions will restart the clock and may impact your eligibility for a record suspension in the future.
Required Documentation and Application Steps If you're applying after an impaired driving conviction in Calgary, here are the key steps and documents you'll need:
Obtain a Certified Criminal Record Check Using Fingerprints Your application must include a certified criminal record check from the RCMP’s National Repository of Criminal Records.
You’ll need to visit an accredited fingerprinting agency or local police station in Calgary to have your digital fingerprints taken. These fingerprints are submitted to the RCMP, who will then issue an official record check—an essential document for your application.
Gather Court Records and Proof of Sentence Completion from Calgary Courts You must request documentation from the court that handled your impaired driving case. This includes:
Court Information Form or a copy of the court docket Proof of fine payments, probation completion, and other sentencing terms If your case involved multiple jurisdictions, you may need to contact more than one courthouse in Alberta
Complete Parole Board of Canada Application Forms Accurately The Parole Board requires applicants to fill out detailed forms, including:
Application for Record Suspension (Form A) Schedule 1 Exception Form (if your conviction is listed under Schedule 1 offences) Local Police Records Check for every location you’ve lived in the past five years—including Calgary Be sure to review instructions carefully—incomplete or incorrect submissions may result in delays or denial.
Include Personal Statement and References If Applicable A personal statement explaining:
How your life has changed since the offence Steps you’ve taken toward rehabilitation Contributions to the community
Costs and Timelines for Calgary Applicants Application Fee Payable to the Parole Board of Canada As of January 1, 2022, the application fee for a record suspension is $50.00 CAD, payable to the Parole Board of Canada (PBC). This fee must accompany your application and can be paid via:
Credit card (using the official Credit Card Payment Form) Certified cheque Money order Bank draft
Additional Fees for Fingerprinting, Document Collection, and Postage Beyond the application fee, applicants should anticipate additional expenses:
Fingerprinting Services: To obtain a certified criminal record check, you'll need to provide fingerprints. The RCMP charges a federal processing fee of $25.00 CAD for each criminal record check. Court Documents: Acquiring court records and proof of sentence completion from Calgary courts may involve fees, which can vary depending on the court and the number of documents required.
Postage: Sending your completed application and supporting documents to the PBC requires postage, with costs depending on the size and weight of your application package.
Average Processing Time: 6 to 12 Months Depending on Case Complexity The PBC aims to process applications within the following timeframes after accepting a complete and eligible application:
6 months for offences tried summarily 12 months for offences tried by indictment
In cases where the PBC proposes to refuse a record suspension, the process may extend up to 24 months, as the applicant is given an opportunity to respond to the proposed refusal.
Summary of Costs and Timelines: Item Application Fee RCMP Fingerprinting Fee Court Document Fees Postage Total Estimated Cost Processing Time
Estimated Cost (CAD) $50.00 $25.00 Varies Varies Varies 6–12 months
Notes Payable to the Parole Board of Canada For certified criminal record check Depends on court and number of documents Based on package size and weight Typically ranges from $100 to $200 Depending on offence type and
Item
Estimated Cost (CAD)
Notes case complexity
How a Calgary Criminal Defence Lawyer Can Help Here’s how an experienced Calgary lawyer can support your journey to clearing your record: Reviewing Your Eligibility and Advising on Documentation A defence lawyer will carefully examine your case to confirm that you meet all Parole Board of Canada eligibility requirements. They’ll:
Assess your conviction type (summary vs. indictable) Calculate the waiting period accurately Identify what documents you need to gather from Calgary courts and other agencies
Their expertise ensures that you don’t waste time or money applying before you’re eligible. Ensuring All Forms Are Properly Completed and Submitted The Parole Board is strict when it comes to paperwork. Incomplete or incorrect forms are among the most common reasons for application delays or rejections. A lawyer will:
Review every form for accuracy Ensure proper formatting and timelines Submit the application package in compliance with Parole Board standards
Having a legal professional handle this step reduces the risk of clerical errors or overlooked details.
Helping Draft a Compelling Personal Statement While optional in some cases, a personal statement can significantly enhance your application. A Calgary criminal defence lawyer can help you:
Express your rehabilitation journey clearly and sincerely Highlight positive changes, such as employment, community service, or education Present your case in a way that aligns with the Parole Board’s criteria
If applicable, they can also collect support letters and references to strengthen your submission. Increasing the Chances of a Successful Application Through Legal Expertise Lawyers who specialize in record suspensions and impaired driving cases understand what the Parole Board of Canada is looking for. They know how to:
Anticipate potential red flags in your application Address prior issues (e.g., multiple charges or conditional discharges) Communicate effectively with courts and police agencies on your behalf
With a lawyer's guidance, your application is more likely to succeed the first time, saving you time, money, and additional stress. When to Contact a Calgary Lawyer If you're unsure whether you qualify, or if you want to maximize your chances of a successful outcome, it’s worth consulting a Calgary criminal defence lawyer early in the process. Their legal insight can
make a significant difference in sealing your record and moving forward.
Contact Details of Calgary Defence Lawyer Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7 Phone Number: 403-774–9529 Email:
[email protected] Website - akramlaw.com
Business Hours: Monday-Thursday: 9 AM-5 PM, Friday: 9 AM-12 PM, Saturday: 10 AM-1 PM
