QUICK TAKEAWAY
Pardons (Record Suspensions): A criminal record can follow you for the rest of your life and profoundly impact your future. Your record can be placed on the Canadian Police Information Centre (CPIC) database, depending on your crime. At one time, you could apply to the Parole Board of Canada (PBC) to have your criminal record sealed through a pardon. However, the federal government introduced legislation in 2012 to change the terminology and wait times. Pardons are now called record suspensions and are not permanent. Information can be re-entered into the CIPC database when someone reoffends or has made false declarations on their application.
Table of Contents:
What Is a Pardon in Canada?
In March 2012 the federal government passed Bill C-51, 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 offences. They also excluded some offences from qualifying for a record suspensionRemoving a criminal record from the judicial database.
If you were convicted of a criminal offence and have completed your sentence and demonstrated that you have been a law-abiding citizen, you can apply to have your criminal record kept separate and apart from other criminal records. Your record will be removed from the CPIC database, a national repository of police information that stores 9.6 million records to serve the law enforcement community.
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 can still be flagged in CPIC for former sexual offenders in cases where they apply to work or volunteer with a vulnerable sector group such as children or the elderly.
Your suspension can also be revoked and re-entered to the CPIC database if:
- you are convicted of a new indictable offenceIndictable offences are more-serious criminal offences, or in certain cases, a summary 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 with certain exceptions.
How Can a Criminal Record Affect my Life?
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.
How Does the Process Work?
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 conviction.
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.
KelownaLawyersNear Me
Eq One Law
Selamaj Law
Johnson Colby
Newcombe & Company Law Office
John P. Gustafson B.A., Ll.B.
Jenson & Co
Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Record suspension
A record suspension removes a person's criminal record from the Canadian Police Information Centre database. This helps them access employment and educational opportunities and to reintegrate into society.
Summary offence
Summary offences are less-serious criminal offences such as disturbing the peace or unlawful assembly
