By applying for a Pardon, Record Suspension, File Destruction or US Entry Waiver on this site, you agree to the following Terms and Conditions:
1. Authorization
I authorize Pardons Canada to act on my behalf in having my Canadian criminal record pardoned, or my photograph and fingerprints purged, or destroyed (whichever is applicable) or in acquiring a U.S. Entry Waiver.
I authorize Pardons Canada to:
(i) communicate with all government or government related organizations, including the RCMP, DHS/ARO, local police services, courts and the Parole Board of Canada (PBC) which may be of assistance in this matter;
(ii) take all reasonable steps and actions to assist me in this matter;
(iii) if necessary, transfer my file to legal counsel who will then have my permission to act on my behalf.
2. Removal of Canadian Criminal Record:
(i) After your file and fines have been paid in full and your statutory eligibility date has been met, it takes approx. 6-24 months to complete a purge or photograph and fingerprint destruction and approx. 12-24 months to complete the pardon/record suspension process, and subject to change. Unpaid files and unpaid fines will slow or stop the process. Pardons Canada can only confirm fines are outstanding once we have received your court documentation.
(ii) Pardons Canada does not have the authority for the removal of occurrence or incident reports, and prohibition orders, which auto-delete, free of charge, upon eligibility; or certain offences which will appear on a police clearance specific to the vulnerable sector or remain on the sex offender registry (if applicable).
(iii) If it is necessary, you are responsible for obtaining a local police check(s) and paying applicable police and federal government processing fees.
3. U.S. Entry Waivers:
(i) After your file has been paid in full and all documents received, it takes approx. 5-10 months to prepare the Waiver application and approx. 5-10 months to receive a final decision from U.S. Customs and Border Protection (CBP), and subject to change. Unpaid files will slow or stop the process.
(ii) U.S. CBP requires applicants to submit the Waiver Application in person to them and pay the applicable fee. The application will contain original documents.
(iii) If you fail to submit your U.S. Waiver documents to the CBP before they expire, you will be charged a fee of $390 + HST to update all expired documents.
4. General:
(i) As your file proceeds, any balance owing will be charged to the credit card on file. All files must be paid in full within 4 months of initial payment. An overdue balance fee of $390 + HST will be applied to outstanding balances after this time and fee increases will apply. Partial refunds up to 7 days of initial payment after which time no refund will be issued. Monies paid to Pardons Canada are used to pay for certain government fees and disbursements, and towards gathering information and documentation, communicating with the various government organizations, preparing and completing the required documents and supporting materials, submitting requests and other documents to the appropriate organizations and completing applications for submission. Final decisions rest solely with the government.
(ii) Government fees subject to change without notice.
(iii) Federal legislation subject to change without notice. A refund cannot be issued based on the outcome of legislation changes. An additional fee may be charged due to legislation changes.
(iv) The Federal government has changed the terminology of the word “pardon” to “record suspension”. The effect of a record suspension is the same as a pardon.
(v) Pardons Canada has no control over the PBC, courts, police, statutory eligibility dates, or Canadian and American Government approval processes.
(vi) If you start your file and later Pardons Canada finds out, due to non-disclosure on your part, that you are not eligible for a pardon/record suspension, Pardons Canada will cancel your file without a refund.
(vii) It is your responsibility to:
(a) contact Pardons Canada if you move or change your telephone number(s) or email address;
(b) comply with requests by Pardons Canada for documents. Pursuant to our Privacy Policy, failure to do so may result in your file being destroyed, and you will have to start the process again;
(c) act with respect toward Pardons Canada employees. Abusive behaviour will result in the cancellation of your file with no refund.
(viii) If you have a Schedule 1 conviction, there will be an additional fee of $285 for us to gather age of victim information necessary for your application.
(ix)If you are arrested, involved with the police or charged before completion of your file, it is your responsibility to:
(a) advise Pardons Canada of your police involvement;
(b) pay the additional fee of $390 + HST;
(c) provide Pardons Canada with proof of the final court disposition.
New charges may affect your eligibility.
(x) If you do not follow instructions or misplace documents sent to you by Pardons Canada, there will be a $85 administration fee. If your file goes dormant for over 12 months, you will have to pay $390 + HST to reactivate it. If your file goes dormant for over 18 months, you will have to pay the full fee to restart the process because your file will have been shredded.
(xi) You will be charged an additional fee of $40 if your cheque does not clear or if your credit card is declined
(xii) Once the process has been completed, all of Pardons Canada’s computer files and entire contents of your physical file shall be destroyed.
5. Links to Other Sites:
This Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Pardons Canada of the contents on such third-party Web sites. Pardons Canada is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
6. Indemnification:
You agree to defend, indemnify and hold harmless Pardons Canada, its respective officers, directors, employees and agents, including all third parties mentioned on a Pardons Canada Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Pardons Canada Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Pardons Canada Site or through any of the Services. You will use your best efforts to cooperate with Pardons Canada in the defence of any such claim. Pardons Canada reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. Trademarks/Copyright:
The trademarks, logos, service marks and other names and icons provided on this site are registered and unregistered trademarks of Pardons Canada. The information, navigation and design of this site are under copyright to Pardons Canada.
8. General Provisions:
These Terms and Conditions you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Pardons Canada and you pertaining to your use of the Pardons Canada Site, Services and Content and supercede any prior agreements between you and Pardons Canada with respect to the subject matter hereof. Pardons Canada’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Pardons Canada Sites or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your service agreement or these Terms and Conditions will be made except as expressly contemplated herein.
9. Limitation of Liability:
You expressly understand and agree that in no event will Pardons Canada be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Pardons Canada had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of the Pardons Canada site, or (b) any unauthorized access to or modification to any information or transmissions, or (c) any other matter relating to the Pardons Canada site or any of the services.
10. Termination:
Pardons Canada reserves the right to suspend or terminate your file and your access to the Site, Services and Content, at any time for convenience, or for any other reason, including without limitation, if: (a) the File Credit Card is invalid for any reason; (b) you give Pardons Canada false or misleading information; (c) Pardons Canada does not receive any payment when due; or (d) Pardons Canada has determined, in its sole discretion, that your use of the Pardons Canada Site or any of its Services was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by Pardons Canada will be in addition to and without prejudice to such rights and remedies as may be available to Pardons Canada, including injunction and other equitable remedies. Your ability to use Pardons Canada as an agent is also subject to any limits established by Pardons Canada or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, Pardons Canada reserves the right to either suspend or terminate your file. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your file, and these Terms and Conditions.