Record Suspension (Pardon) in Canada: Who Can Apply, How Long You Wait and What It Does

A criminal record can follow you for years after the case is over, showing up on job applications, volunteer screenings, rental applications and licensing checks. In Canada, a "record suspension" (what used to be called a pardon) is the main way to set that record apart from your other records once enough time has passed. Here is a plain-language look at who can apply, how long you have to wait, and what a record suspension does and does not do.

What is a record suspension?

A record suspension is an order from the Parole Board of Canada under the federal Criminal Records Act. It does not erase or destroy your conviction. Instead, the law requires the suspended record to be kept separate from other criminal records, and it removes most legal disqualifications that flow from the conviction. The Act describes a suspension as evidence that you were of good conduct and that the conviction should no longer reflect badly on you. Some exceptions remain in certain provisions of the Criminal Code and the National Defence Act.

The Board has exclusive jurisdiction and absolute discretion to order, refuse or revoke a record suspension, so meeting the basic requirements does not guarantee approval.

Who can apply?

A person convicted of a federal offence in Canada as an adult can generally apply, once the required waiting period has passed. If you received only an absolute or conditional discharge, or were dealt with only in youth court, the Parole Board says you do not need to apply through this process (discharges are handled through the RCMP, and youth records follow their own rules).

How long do you have to wait?

The waiting period only starts after every part of your sentence is finished. That includes fines, surcharges and restitution, as well as jail time, conditional sentences, parole and probation. For offences committed on or after March 13, 2012, the waiting periods are:

• 5 years for offences prosecuted summarily (the less serious route).

• 10 years for offences prosecuted as indictable offences (the more serious route).

Different, shorter periods apply to offences committed before that date, and the Parole Board's current pages note that eligibility and wait times have recently changed, so it is worth checking the Board's current "determining your eligibility" page rather than relying on an older source. If the court records cannot confirm whether your offence proceeded summarily or by indictment, the longer period applies.

Who may not be eligible?

For offences on or after March 13, 2012, the Criminal Records Act makes some people ineligible to apply. This includes people with more than three indictable offences that each carried a prison sentence of two years or more, and people convicted of certain listed sexual offences or offences involving children (the "Schedule 1" offences). There is a limited exception for some Schedule 1 offences, for example where there was no position of trust, no violence or coercion, and the age gap was within the legal limit. Separate, simpler rules apply to some past cannabis possession convictions.

What does the Parole Board look at?

For the more serious (indictable) offences, the Board must be satisfied that you have been of good conduct during the waiting period, that you have not been convicted of a new federal offence, that a suspension would give you a measurable benefit (for example, better access to work, housing, volunteering or travel), and that granting it would not bring the administration of justice into disrepute. Applicants are asked to explain their situation in writing, so the quality of the application matters.

What does an application involve?

The Parole Board's published steps include electronic fingerprints to obtain your RCMP criminal record, a Court Information Form from each court that sentenced you, proof that fines and restitution were paid, local police records checks for places you have lived, a copy of government photo ID, consent and privacy forms, and the written forms about benefit and rehabilitation. The Board's fee is $50, as of its current pages. Missing or incorrect documents can delay or return an application, so gathering them carefully matters.

Can a record suspension be undone?

Yes. The Board can revoke a suspension if you are later convicted of certain offences, if it finds you are no longer of good conduct, or if you made a false statement or hid something in your application. In some situations, such as a new conviction for a serious offence, a suspension can also simply cease to have effect.

Practical points

A record suspension will not necessarily remove every consequence of a conviction. Driving and weapons prohibition orders are not affected, and other countries are not bound by a Canadian record suspension. If you are unsure whether your conviction is summary or indictable, or whether a sentence has fully expired, a lawyer can help you review your court and police records before you apply. Ken Wise & Associates practises in criminal defence.

This article is general information only and is not legal advice. Reading it does not create a solicitor-client relationship. Every situation turns on its own facts — speak with a qualified Ontario lawyer or licensed paralegal about yours.