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Lawabidingcitizen09

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I have a charge from 15yrs ago of a b&e (young and dumb days) and am applying to a bachelor or law program. Will I be rejected because of this charge? Should I get a pardon or??? 

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It won’t be an issue for law school admissions.

It could be an issue for acceptance to a provincial bar because they do a character test. But you should fine fine as long as you are honest with them during this process. This is because law societies are mostly only concerned with crimes involving fraud and dishonesty.

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If you're talking about law school (JD/Bachelor of Laws) then your main issue is bar admission and criminal background checks done by employers. Law schools don't run criminal background checks on applicants.

If you're eligible for a pardon go for it but you'd still have to disclose it when applying for bar admission IIRC

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20 minutes ago, Toad said:

If you're talking about law school (JD/Bachelor of Laws) then your main issue is bar admission and criminal background checks done by employers. Law schools don't run criminal background checks on applicants.

If you're eligible for a pardon go for it but you'd still have to disclose it when applying for bar admission IIRC

I do remember viewing a past post asking the question regarding criminal record checks done by employers I tried finding the thread unsuccessfully.

IIRC There are a number of current lawyers who have previous records that are called to the bar and pass the Character and Fitness portion.

I also remember some stating that a number of employers do not even ask for a criminal record check assuming that if the Bar has assessed them to be able to practice that it is not a concern to them. If you have family or friends that are practicing or partners at a firm and you just need to be called to get a job, then all the power to you.

If you will eventually independently need to seek gainful employment at a firm, government job, or otherwise I am not sure whether they will ask for criminal record or not and to what extent that will affect your prospects at being hired. Hopefully, some currently practicing lawyers in this forum like @Uriel who works on bay street can answer questions regarding the application forms and disclosing criminal records during the hiring process.

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From someone who knows nothing about it, what is currently holding you back from requesting a pardon? 

Edited by chaboywb

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11 minutes ago, chaboywb said:

From someone who knows nothing about it, what is currently holding you back from requesting a pardon? 

Depends on how long ago his/her sentence was completed for him/her to be eligible, not how long ago he was charged.

However, @Lawabidingcitizen09 if you were charged and convicted as a youth, your record should be destroyed. If you were convicted as an adult and you have not met the recent wait time changes, you may still be eligible for a pardon based on the previous wait time of 3 and 5 years for summary vs. indictable offences as opposed to the new wait times of 5 to 10 years.

The recent Chu vs BC case in BC's Supreme Court successfully challenged the new legislation change stating that it violated your CCRF to only be punished once for the same crime. How this plays out will be interesting as it is currently being challenged in Ontario as well, and the Public Safety Minister is currently looking to change the legislation.

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1 hour ago, Lawby said:

I do remember viewing a past post asking the question regarding criminal record checks done by employers I tried finding the thread unsuccessfully.

IIRC There are a number of current lawyers who have previous records that are called to the bar and pass the Character and Fitness portion.

I also remember some stating that a number of employers do not even ask for a criminal record check assuming that if the Bar has assessed them to be able to practice that it is not a concern to them. If you have family or friends that are practicing or partners at a firm and you just need to be called to get a job, then all the power to you.

If you will eventually independently need to seek gainful employment at a firm, government job, or otherwise I am not sure whether they will ask for criminal record or not and to what extent that will affect your prospects at being hired. Hopefully, some currently practicing lawyers in this forum like @Uriel who works on bay street can answer questions regarding the application forms and disclosing criminal records during the hiring process.

 

I do remember reading a thread on this forum regarding criminal record checks when it comes to legal employment and a significant minority of people said one was required for their position. Of course, the sample size was maybe 15 so it's obviously not representative.

 

 

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The short answer is the charge will not impact admission to law school, however, there are character and fitness requirements for bar admission. The Bar admission question would likely get into legal advice and no one here can answer if OP wishes an answer they can contact their Law Society or a lawyer licenced in their jurisdiction 

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10 hours ago, providence said:

I feel like this is really a request for legal advice and OP should seek counsel. 

OP’s first question is ok. Their second question is ...on the line. 

OP, the answers here should be treated as guidelines for queries you should make on your own. Not a bad idea to chat with legal counsel about your options eg a pardon. 

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