Pardons (Record Suspensions)

In March 2012 the federal government passed Bill C-10 (Safe Streets and Communities Act), replacing the term "pardon" with "record suspension" while increasing wait times from three to five years for a summary offenceLess-serious criminal offences and five to 10 years for indictable offenceA more serious type of Canadian criminal offence.s. They also excluded some offences from qualifying for a record suspensionA process that keeps a criminal record separate from most record checks after eligibility is met..

A special rule applies to people whose only conviction is for simple cannabis possession. For those applications, the usual 5- or 10-year waiting period does not apply and there is no application fee.

As of this page's last review date, the federal application fee for a record suspension is $50. Fees can change, so applicants should check the Parole Board of Canada's current application guide before applying.

If you were convicted of a criminal offence and have completed your sentence, you may be eligible to apply for a record suspension once the required waiting period has passed. A granted record suspension requires your criminal record to be kept separate and apart from other criminal records. Your record will no longer be accessible through the Canadian Police Information Centre (CPIC), a national police database maintained by the RCMP to support law enforcement across Canada.

Under the Criminal Records Act (CRA), the Parole Board of Canada is responsible for ordering, refusing to order and revoking record suspensions for convictions. A record suspension will not erase a convicted offence. It merely sets it aside. As well, a suspension does not guarantee entry or visa privileges to another country.

Even if you obtain a record suspension, a criminal record may remain accessible for people who previously committed certain sexual offences listed in Schedule 2 of the Criminal Records Act and who later apply to work or volunteer in a position of trust with a vulnerable group such as children or the elderly. This is done through a notation system under the CRA that enables police to confirm whether a suspended record exists for a Schedule 2 offence, but only for the purpose of a vulnerable sector check and only with the applicant's written consentVoluntary agreement to engage in an sexual act.

Your suspension can also be revoked and the record made accessible again if:

• you are convicted of a new criminal offence;
• you are no longer considered to be of good conduct;
• it is discovered you made a false or misleading statement or concealed information when you applied; or
• you were ineligible for a record suspension when it was ordered.

While there are agencies that can help you with your application, the PBC is the official and only federal agency responsible for ordering, refusing to order and revoking record suspensions under the Criminal Records Act.

Under s.4(2) of the CRA you are ineligible to apply for a record suspension if you have been convicted of a Schedule 1 sexual offence (a list of serious sexual offences involving children, set out in the Criminal Records Act), with certain limited exceptions.

Having a criminal record can impact your life in many different ways, starting with your ability to find or retain a job. Many employers conduct criminal record checks which could disqualify you from obtaining work. If your employer cannot bond you, you can be passed over for a job. If you are working and apply for a promotion, you could be turned down if your employer does a criminal records search. Even if you are self-employed, companies that subcontract you may not hire you if you have a criminal record.

A criminal record could also affect your personal life. You may be denied your child custody and visitation rights. You may not be able to volunteer in the community. A criminal record could hamper your ability to travel internationally and it might be difficult to find rental housing. And if you are not a Canadian citizen, your immigration application can be rejected and you can even be deported.

A record suspension allows you to set your criminal record aside but you must meet certain conditions and there is a waiting period. It should be noted that the Criminal Records Act only applies to records kept by federal organizations. However, most provincial and municipal criminal justice agencies also restrict access to their records once informed that the PBC has ordered a suspension.

According to the Parole Board of Canada, you are eligible to apply for a record suspension if:

• you were convicted of an offence, in Canada, under a Canadian federal act or regulation; or
• you were convicted of a crime in another country and were transferred to Canada while serving that sentence under the Transfer of Offenders Act or International Transfer of Offender Act.

You may be ineligible if you committed either of the following offences on or after March 13, 2012 of which you were later convicted:

• a Schedule 1 Offence (offence involving a child) under the Criminal Records Act;
• more than three offences prosecuted by indictment, each with a prison sentence of two years or more.

Once you have completed your sentence which includes jail time, any probation orders, and full payment of any fines, costs, surcharges, compensation orders and/or restitution, the waiting period begins and is based on the date of your most recent offence.

If you committed an offence before June 29, 2010, the waiting period is five years for a crime prosecuted by indictment or three years for a summary convictionLess-serious criminal offences.

If your crime was committed between June 29, 2010 and March 12, 2012 the waiting period is:

• 10 years for a serious personal injury offence (within the meaning of s.752 of the Criminal Code); including manslaughter; an offence for which the applicant was sentenced to a prison term of two years or more, and an offence referred to in Schedule 1 that was prosecuted by indictment.
• five years for any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.
• three years for an offence other than the ones previously mentioned, that is punishable on summary conviction.

If your crime occurred on or after March 13, 2012, you must wait 10 years for an offence prosecuted by indictment or five years for a summary conviction offence.

An Application Guide, which includes the application forms, is available from the PBC website or by calling toll free at 1-800-874-2652. Regional parole board offices or court and police services offices should also have the guide.

Third-party agencies can also assist in your application but the PBC states those providers cannot guarantee a record suspension nor can they give your application special status or accelerate a review of your documentation. You can apply directly to the parole board which treats all applications the same.