Criminal Records Act

Marginal note:Inquiries

• 4.2 (1) On receipt of an application for a record suspension, the Board

  • (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

  • (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

  • (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

• Marginal note:Restrictions on inquiries

  (1.1) The inquiries referred to in paragraph (1)(a), made with respect to an application referred to in subsection 4(3.1) or (3.11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3.

• Marginal note:Restrictions on inquiries

  (1.2) The inquiries referred to in paragraphs (1)(b) and (c) do not apply to an application referred to in subsection 4(3.1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3.

• Marginal note:Entitlement to make representations

  (2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

• Marginal note:Board to consider representations

  (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

• Marginal note:Waiting period

  (4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.