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DUI, DWI & Criminal Legislation in Ontario  

Criminal Records Act , section: 3, 4, 5

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Expungement/Pardons/RecordPurge, Application for a Pardon

3. (1) A person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament may apply to the Board for a pardon in respect of that offence ....

4. Before an application for a pardon may be considered, the following period must have elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence, namely,

(b) three years, in the case of

(i) an offence punishable on summary conviction

5. The pardon

(a) is evidence of the fact

(i) that, in the case of a pardon for an offence referred to in paragraph 4(a), the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and

(ii) that, in the case of any pardon, the conviction in respect of which the pardon is granted or issued should no longer reflect adversely on the applicant's character; and

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.

Comments : Three years after completion of sentence on a summary conviction offence you should apply for a pardon. The pardon is useful for federal purposes but may not have any impact on provincial legislation eg. licence suspensions in Ontario.

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