Criminal Pardons Report

     

The successful rehabilitation and reintegration of an offender back into society is one of the most important aspects considered during a sentence. After an offender has served his or her sentence the need to focus on rehabilitation and reintegration because of a greater concern for all those involved with the offender directly and indirectly.  Academics, criminal justice practitioners, and the government of Canada have long recognized that various issues ranging from family support, substance abuse interventions, education upgrading, and social skills training are some of the important areas that need to be addressed to increase the likelihood of successful rehabilitation and reintegration (Curt, Yvon, & Murdoch, 2007).  If we are to consider an ex-offender that succeeds in all of the aforementioned areas and is ready to pursue a crime free life, what would be the next step for such a person?     


The suggested focus for such an individual would inevitably lead one to look at employment.  As offenders complete sentences and are ready to move on with their lives, employment only seems as the next logical step for an offender.  Various researchers and reports (e.g. Giguere & Dundes, 2002; and National Crime Prevention Centre, 2007; Kurlychek, Brame, & Bushway, 2007; and Ruddell & Winfree, 2006) have stated that employment not only helps those ex-offenders lead crime-free lives, but also assists with successful reintegration back into the community.  However; an inevitable barrier for many offenders seeking employment is that of a criminal record.  The significance of understanding the impact of criminal records, in criminological research and correctional policy, becomes apparent when one considers the goals and objectives that are often associated with assisting offenders; such as leading productive, crime-free, and meaningful lives.      


A criminal record can limit employment opportunities for offenders where employers are conducting background checks and screening out applicants that have been in conflict with the law.  Research into the debilitating and stigmatizing effects of a criminal record conducted by Holzer as cited by Kurlychek et al. (2007) has found that a person with a criminal record faces more challenges in terms of employment, and was less likely to find employment than all other disadvantaged groups, including minorities, persons on welfare, and even illegal immigrants. Prospective employers it seems are reluctant to hire an ex-offender possibly due to a perception that ex-offenders pose a danger to their business and that an ex-offender is more likely to commit crimes in the future (Powell & Winsa, 2008).   


This way of thinking on part of the employers is not out of line with general public perceptions of offenders.  Studies conducted by Roberts & White as cited by Roberts (1996) have shown that the public over estimates the percentage of offenders who are reconvicted of an offence.  Additionally, research by Kurlychek et al. (2007) has shown that if a person remains crime free for a period of seven years or more, their risk of reoffending is similar to that of someone with no prior criminal record.   


As of 2001, it was reported that over 3 million of the total population of Canada had a criminal record (Correctional Services of Canada, 2001).  This would equate to approximately ten percent of the total population, or looked at another way- one in every ten people having a criminal record of some sorts.   


In Canada, offenders are given the opportunity to seal their criminal records from the public domain as long as they are not reconvicted of a subsequent crime after having served their initial sentence.  After sealing of the offender’s record the police, private and public institutions are unable to access a persons’ criminal past and are not given any evidence of a criminal record existing (John Howard Society of Alberta, 2000).  The process for applying to have a criminal record sealed differs for those convicted of indictable offenses and summary offenses.  Generally, for a summary offence an offender must wait three years and for an indictable offense the offender must wait five years after having served all sentence requirements (e.g. imprisonment, probation, fines and etc.) to be eligible to apply for a pardon (Government of Canada National Parole Board, 2008).  After satisfying this condition the offender may submit an application for a pardon to the National Parole Board of Canada and then wait for approval.  This process of submitting an application, and then receiving confirmation of approval for a pardon, can last between 12 to 18 months (Government of Canada National Parole Board, 2008).  The earliest then, that an offender can have their record sealed after fulfilling their sentence requirements can range anywhere between four to seven years.