There are two types of criminal charges for fraud; fraud under $5000 and fraud over $5000. Fraud under $5000 is considered a summary charge and Fraud over $5000 is considered an indictable charge.
It is possible to get a Canada Pardon for either charge but you must be out of trouble for 3 or 5 years after the end of your punishment. Also, if restitution or a fine has been ordered by the court, then that too must be paid. The 3 or 5 year waiting period only starts after the fine has been paid. So if you completed your punishment for a fraud under $5000 and its been three years, then you are eligible for a Pardon presuming you have paid your restitution or fine. Otherwise, you will have to wait three years after you pay your fine.
Also, if you plan to travel to the US, you must obtain a Pardon to remove your criminal record, otherwise you run the risk of being turned away at the US border. If you have already been refused entry to the US, then you will require an I-194 or US Entry Waiver to re-enter the US.
Here is an email we recently received from a person seeking to obtain a Pardon, but cannot get it because of an outstanding restitution order:
“My husband was charged with fraud over $5000 in May 2002. He served a conditional sentence of 18 months followed with probation and monthly restitution payments of $400.00. Probation was completed in November of 2006. However, a total of approximately $160,000.00 remains outstanding on the restitution order. ”
“My husband also just finished being discharged from bankruptcy in August 2009. All of this stemmed from an addiction to gambling in 2001, and we’ve worked hard through his recovery to rebuild our family emotionally and financially. This remaining $160,000.00 brick wall is just insurmountable. Back in 2002, CPIC checks were not required for job applications, now they are a matter of course. Passports, and cross border visits to see ageing relatives are impossible. ”
“Is it possible to negotiate a lower restitution payment? The $160,000 would be payable to the courts, the victim in this case is a bank.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at [email protected] or call 1-877-929-6011.