Hi Throwback, I know someone in the same situation, so please confirm what you said in your last post, you did not receive a conditional discharge for a theft charge or you did? I am under the same impression as you that a conditional discharge will be removed from your record after three years automatically but I am also confused as what exactly that means. I believe that some higher level systems will still be able to see this however a simple background check will not actually show it. Does anyone have any more information on this and also this is in Ontario so Canadian laws apply. Thanks,

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Originally Posted by emery

Hi Throwback, I know someone in the same situation, so please confirm what you said in your last post, you did not receive a conditional discharge for a theft charge or you did?? I am under the same impression as you that a conditional discharge will be removed from your record after three years automatically but I am also confused as what exactly that means. I believe that some higher level systems will still be able to see this however a simple background check will not actually show it. Does anyone have any more information on this and also this is in Ontario so Canadian laws apply. Thanks,

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I received a conditional discharge for almost all my charges except was forced to plea out in one theft under charge. I got caught shoplifting a game from a store with a friend of mine.

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?

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Originally Posted by Throwback24

I received a conditional discharge for almost all my charges except was forced to plea out in one theft under charge. I got caught shoplifting a game from a store with a friend of mine.

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?

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From the Canadian Pardon Centre - sounds complicated and I'm not sure it can be done correctly without an Attorney.

"A 3 year waiting period is required for summary offences while a 5 year waiting period must be met for indictable offences. If you are not yet eligible for a pardon it is still worth your time to begin the application for pardon process.

The application for a pardon requires correspondence with the RCMP, the courts and the police. It can be a lengthy process. The sooner the application is finished the sooner the pardon can be granted. Alternatively, if you start the application only after your waiting period is complete it will take another year and a half (minimum) after that date to be granted a pardon. By starting the pardon application immediately, the package will be ready the day your eligibility begins and you will have saved yourself valuable time and money."

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Originally Posted by Throwback24

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?

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Hello again, throw:

Couple things. I think you're only going to get one shot at this, so I'd make it the BEST shot I could...

Yes, I think you could probably do all the paperwork OK without a lawyer... But, when the hearing comes, you're going to have a prosecutor on the other side of the table telling the judge ALL the reasons YOU are a very bad guy, and should probably STILL be in jail.

Therefore, I think you're going to need an equally capable attorney telling the judge how wonderful you are, and you should be elected to congress.

excon

So, excon and Judy, please advise if I am under the correct impression that with a conditional discharge once the conditions have been fulfilled and the discharge becomes absolute then after a three year period the person would not have to do anything, the record of this should be removed from the system except maybe for a very advanced search? It is just because throwback was convicted of one charge that he did not get a conditional discharge for that he should apply for a pardon? Thanks,

Hello emery:

Couple things: I don't know ANYTHING about "conditional discharges", or YOUR case, or YOUR situation. However, I wouldn't trust that anything AUTOMATICALLY happens in terms of your records.

Plus, I didn't say he SHOULD apply for a pardon. I just told him HOW - ASSUMING he's eligible, and I don't know that either.

excon

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Originally Posted by excon

Hello emery:

Couple things: I dunno ANYTHING about "conditional discharges", or YOUR case, or YOUR situation. However, I wouldn't trust that anything AUTOMATICALLY happens in terms of your records.

Plus, I didn't say he SHOULD apply for a pardon. I just told him HOW - ASSUMING he's eligible, and I don't know that either.

excon

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- what he just said.

On a unrelated note, I was wondering, when does one become an Adult? I'm having problems making the distinction between the two because of websites like this:

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If you were convicted under the previous Young Offenders Act , or as of 2003 referred to as the YCJA, Youth Criminal Justice Act, your record should be removed after the requisite waiting periods have expired. If you were convicted under a prior Act, your record will probably still be on file with the RCMP and the local police agency. If you are also charged and convicted after becoming an adult, your young offender record may become 'locked in' and form part of your adult record.

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Wouldn't anyone under the age of 18 be considered a Youth? Every Lawyer I get on the phone with is giving me recommendations, this is really confusing :mad:

Also, would I be able to get a copy of all my court records to see how all my cases went down?

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You do not need to apply for a pardon for a youth record, because your record will be destroyed or sealed. However, if you were found guilty and received an adult sentence, or if you committed a crime as an adult while your youth record was still open, your youth record becomes part of your adult record, and neither will go away without receiving a pardon.

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http://www.justice.gc.ca/eng/pi/yj-j...n/rec-dos.html

Found this on the Department of Justice website. Argh...

I thought I'd return to tell you how it all played out. I sent my finger prints to the Royal Canadian Mounted Police for a full criminal record check. After a lengthy wait, this is what I received in the mail.

Dear Sir/Madame:

This certifies that a search of the National Criminal Records repository maintained by the RCMP concerning the person whose fingerprints, name and date of birth appear below could not be associated to any existing Criminal Record of conviction which may be disclosed in accordance with Federal Laws.

The fingerprint originally submitted to process this application has been destroyed.

Isn't this great? I guess my youth record was sealed some time in between August 20th-Dec.17th. I've never been so happy in my life, honestly, never! Should I bring my Certified copy to the police HDQ? How would I know if they sealed my file? Thanks!