Record Suspensions (Pardons) in Canada
A record suspension, formerly called a pardon, sets aside a person's criminal record from other criminal records in federal systems. It is granted by the Parole Board of Canada under the Criminal Records Act. Once granted, the record is removed from the Canadian Police Information Centre (CPIC) database and generally cannot be disclosed without permission from the Minister of Public Safety. For most offences committed on or after March 13, 2012, a person can apply 5 years after completing their sentence for a summary offence, or 10 years for an indictable offence. The application fee is $50. Some people are ineligible, and a Canadian record suspension is not recognized by the United States.
This article is part of the guide to criminal law in Canada.
The short version
- A record suspension keeps a criminal record separate and apart from other records.
- The waiting period starts after the whole sentence is complete, including fines, jail, parole and probation.
- For offences on or after March 13, 2012: 5 years for summary offences and 10 years for indictable offences.
- The Parole Board's application fee is $50. Cannabis possession records have no fee and no waiting period.
- Schedule 1 offences, involving sexual offences against children, and people with more than three indictable convictions each with a sentence of two years or more, are generally ineligible.
- A record suspension can be revoked or cease to have effect.
- It is not recognized by the United States or other countries.
What a Record Suspension Does
| Effect | Details |
|---|---|
| CPIC | The record is removed from the Canadian Police Information Centre database |
| Disclosure | Federal agencies cannot disclose the record without the Minister's permission |
| Employment | Federally regulated employers cannot ask about a suspended record. Human rights laws in several provinces also protect against discrimination based on a pardoned conviction |
| Vulnerable sector checks | Records of sexual offences may still be flagged in a vulnerable sector check, and the person can be asked to consent to disclosure |
| Other countries | Not recognized by the United States or other countries |
| Local records | Local police and courts may keep their own records, but federal disclosure rules still apply to the suspended record |
A record suspension does not erase a record. Only certain historically unjust convictions, such as some historical convictions for consensual same-sex activity, can be fully expunged under a separate law.
Waiting Periods
The waiting period begins only after the person has completed their entire sentence, including paying all fines, surcharges, restitution and compensation orders, and completing jail, parole, conditional sentences and probation.
| When the offence was committed | Summary offence | Indictable offence |
|---|---|---|
| On or after March 13, 2012 | 5 years | 10 years |
| Between June 29, 2010 and March 12, 2012 | 3 years | 5 years, or 10 years for some serious personal injury and sexual offences |
| Before June 29, 2010 | 3 years | 5 years |
A hybrid offence is generally treated as summary if the Crown proceeded summarily, and indictable if the Crown proceeded by indictment. Court records often show which way the Crown proceeded.
Who Is Not Eligible
According to the Parole Board of Canada, a person is generally not eligible for a record suspension if:
- they were convicted of a Schedule 1 offence under the Criminal Records Act, which covers certain sexual offences involving children, unless specific exceptions apply
- they have been convicted of more than three offences prosecuted by indictment, each with a prison sentence of two years or more
There is a separate expedited process for people with records only for simple possession of cannabis, with no fee and no waiting period.
How to Apply
- Get your criminal record from the RCMP, through fingerprinting at a police service or accredited fingerprinting company.
- Get court information for each conviction, from the court where it happened.
- Get local police record checks from the police services in places where the person lived during the relevant period, usually the last five years.
- For military convictions, get the conduct sheet.
- Get immigration documents, if applicable.
- Complete the Parole Board application form and pay the $50 fee.
- Mail the complete application to the Parole Board of Canada.
Applications that are incomplete are returned, which causes delays. The Parole Board's application guide includes a checklist. People do not need to use a paid service; the forms and guide are free from the Parole Board.
Processing Times
The Parole Board has reported processing times of around 6 months for applications involving only summary offences, and around 12 months for applications involving indictable offences, after an application is accepted as complete. These times vary, so check the Parole Board's website for current estimates.
How the Decision Is Made
For summary offences, the Parole Board generally must grant the suspension if the waiting period is complete and the person has been of good conduct, with no convictions during the waiting period. For indictable offences, the Board must also be satisfied that the suspension would provide a measurable benefit to the applicant, sustain their rehabilitation, and not bring the administration of justice into disrepute. The Board can propose to deny an application, and the applicant can respond in writing before a final decision.
When a Record Suspension Can Be Revoked
A record suspension can be revoked or cease to have effect if the person:
- is later convicted of a new indictable offence, or in some cases a summary offence
- is found to have given false or misleading information on the application
- is found to no longer be of good conduct
Frequently Asked Questions
What's the difference between a pardon and a record suspension?
"Pardon" was the name used before 2012. The current term in the Criminal Records Act is "record suspension". People still commonly use both terms.
Do I need a record suspension for a discharge?
Generally, no. Absolute and conditional discharges are removed from CPIC after 1 and 3 years under the Criminal Records Act. See diversion, withdrawn charges and discharges.
Will a record suspension let me travel to the U.S.?
No. The United States does not recognize Canadian record suspensions, and U.S. border officers may already have the record. See criminal records and travelling to the U.S..
Do I need a lawyer to apply?
No. Many people apply on their own using the Parole Board's free guide. A lawyer can help with complex records, revocation issues or questions about eligibility.
Have questions about clearing a record? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city.
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