How Do I Get a Pardon for a DUI in Alberta?

A DUI charge in Canada is a criminal charge that can affect multiple areas of your life even after the sentence has been served and the fines paid.

The ensuing criminal record can follow you around for the rest of your life, potentially affecting employment, travel plans, immigration status, and more. Criminal background checks include information about charges and arrest warrants even if you were never convicted, often creating complications and leading to awkward questions.

So, how do you stop your DUI from negatively impacting your life? It may be possible to apply for a pardon or record suspension but you may need to be patient…

What is a pardon for a DUI?

The term used in Canada’s Criminal Code for DUI is “impaired driving”. It also encompasses driving over 0.08 and refusing to provide a sample of breath/blood sample.

If you are suspected of driving under the influence of alcohol or drugs, you will face an immediate roadside sanction, which is a 90-day administrative driving licence suspension. This is automatic and, though you can challenge it, there is no “pardon” as such because it is on your driving record.

However, criminal charges can also be laid, most often if the impaired driving results in a car accident or if the driver had a history of DUI. The criminal charges can lead to a conviction and a criminal record.

Fortunately, the criminal justice system recognizes that some people make bad choices or honest mistakes. For many individuals, a DUI charge is the only time in their lives that they are on the wrong side of the law. They shouldn’t be punished for the rest of their lives.

Despite the impact that criminal charges can have on your life, DUIs are among the most-pardoned offences in Canada. Under the Criminal Code, individuals convicted of a DUI charge may be eligible for a “record suspension”, which is the name used for pardons in Canada since 2012.

To get a record suspension (pardon) involves applying to the Parole Board of Canada (PBC) to clear the record of your arrest, charge, and (if applicable) conviction.

If the PBC determines that you’re eligible for removal of the impaired driving charge and agrees to proceed with the suspension, any future criminal background checks in Canada will be clear of that record. This means that you can lawfully answer “no” to questions about having a criminal record and prospective employers, landlords, schools or other agencies will have no visibility of the record if they check.

Who is eligible for a DUI pardon?

Not everyone with a DUI charge is eligible for a record suspension. If you are considering applying for a DUI pardon, you’ll need to meet a few important criteria to be successful:

• For summary offences: you must have completed the waiting period of five years after all fines are paid.
• For indictable offences (rare in DUI cases): you must have completed the waiting period of 10 years after all fines are paid.
• You must have completed all the terms of the sentence applicable to your DUI, including paying all fines/restitution/compensation AND completed your prison sentence, parole, probation order and mandatory programs associated with your sentence.
• You must be able to demonstrate good behaviour without any new convictions or charges for committing other offences.

If you satisfy these elements, you can proceed with a DUI pardon application with some confidence. However, you may need the help of a lawyer well-versed in pardons and waivers to do so.

How do you obtain a DUI pardon?

The first thing to do if you have been hit with a DUI conviction is to pay your fines promptly. You need to wait five years after all fines are paid before applying for a pardon so it’s best for the clock to start clicking as soon as possible.

When the time comes to submit your pardon application, you can download the Record Suspension Application Guide from the Parole Board of Canada website.

Once you confirm your eligibility for a DUI pardon, you’ll need to follow these steps:

• Obtain your criminal record from the Royal Canadian Mounted Police (RCMP)
• Obtain your court information regarding your DUI conviction
• Obtain your local police record check
• Complete the Record Suspension Application Form
• Pay the $50 application processing fee
• Mail the application form, the application processing fee, and all official documents to the Parole Board of Canada.

Gathering the correct documentation for a DUI record suspension application can be difficult and time-consuming—but living your life free of a criminal record is worth the time and effort it takes.

Generally speaking, you should start preparing at least one year before you are eligible to apply. Talk with a qualified DUI lawyer well before your eligibility period is up so that you can prepare properly for the application process with the Parole Board of Canada.

How long does a DUI pardon take to process?

Once the PBC receives a pardon application, it can take from six to 18 months to review it and decide whether to grant the pardon, depending on the seriousness and complexity of the charge/conviction.

In general, indictable offences take longer to review than summary offences. It’s sometimes possible for straightforward cases to be resolved within six months.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.