Stay Of Proceedings: Everything You Need To Know
Visitor: I am inquiring as to a Record of Destruction request for Stayed charged. The (absurd) section 151 charge alleged from 1986 was on Jan 02, 2021 in Prince George, British Columbia. My lawyer notified me of the ‘Stay of Proceeding’ on Jan 12*, 2022. It may have been a few weeks after for the ‘official’ document. Court was to be Feb 14, 2022.
This Jan 2024 will be 2 years after the ‘Stay’. I want to continue to volunteer in my community as I have for years, especially with my sons school, potentially a chaperone on trips. In addition, in the next 5-10 years my wife and I would like to do extended stays in Mexico (for 3-6 months), and potentially live over seas in Europe, a couple of months a year, as our son (potentially) goes to university. I understand some universities may do indepth searches on the parents of children going to university. Removing the charge eliminates a possibility for denial for his acceptance.
-can this charge be destroyed? If not, what would be the reason(s)?
-how long does it take for all information on my record to be cleared: The charge points, photos.
-can this charge ever be recalled/ found/ shownup on record once it is destroyed?
-can this be done from your location ( or do I have to do this in British Columbia)?
– what doea your firm need to proceed?
-what is an estimated cost to do this?
Pardons Canada: A stayed offence is considered a non-conviction but it will still show up on the RCMP file or CPIC until a file destruction is completed. This will remove the prints and police report so that your name will no longer show up on a criminal background check. The timing for a file destruction for a stay of proceedings is usually 6-12 months for approval depending on the arresting police. It cannot be recalled once the file destruction is completed. The request for a file destruction can be done across the country so no need to be specifically in the province where it happened. The cost to Pardons Canada is $865 + tax for a file destruction.
Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. Entry Waivers.
