Record Suspensions in Canada (Formerly Pardons)

What Is a Record Suspension?

A record suspension (formerly called a “pardon”) is an order by the Parole Board of Canada that sets aside a person’s criminal record. Once granted, the conviction no longer appears on standard criminal record checks conducted through the Canadian Police Information Centre (CPIC). The record is not destroyed — it is sequestered, meaning it still exists but is inaccessible for most purposes.

The legal authority for record suspensions is the Criminal Records Act (CRA). The name change from “pardon” to “record suspension” occurred in 2012 under the Safe Streets and Communities Act. The practical effect is identical: a sealed record that does not show up on background checks.

Eligibility Requirements

To be eligible for a record suspension, you must satisfy all of the following conditions:

• Waiting period: 5 years after completing your entire sentence for a summary conviction offence, or 10 years for an indictable offence.
• Sentence completion: You must have served all jail time, completed probation, paid all fines, restitution, and victim surcharges, and satisfied any other conditions of the sentence.
• Good conduct: You must have been of good conduct during the waiting period — no new criminal convictions.
• No ineligible offences: Certain offences are permanently ineligible (see below).
• Not more than three indictable offences with 2+ year sentences: Anyone convicted of more than three indictable offences, each carrying a sentence of two years or more, is ineligible.

The waiting period runs from the date you completed the last element of your sentence — not the conviction date, not the sentencing date, and not the release date from jail. If your sentence included a $500 fine that you paid late, the waiting period starts from the date you paid the fine.

Ineligible Offences

Certain offences are permanently ineligible for a record suspension:

• Schedule 1 sexual offences against minors: Sexual assault, sexual interference (s. 151), invitation to sexual touching (s. 152), sexual exploitation (s. 153), and other sexual offences where the victim was under 18 at the time of the offence.
• More than three indictable offences with 2+ year sentences: A person convicted of more than three separate indictable offences, each resulting in a sentence of two years or more imprisonment, is ineligible regardless of the offence type.

For Schedule 1 sexual offences against minors, there is no waiting period that will make the applicant eligible — the exclusion is permanent.

The Application Process

Applying for a record suspension involves multiple steps and typically takes 6 to 12 months (or longer) from start to finish:

1. Obtain your criminal record from the RCMP (certified criminal record check).
2. Obtain court information for each conviction — this includes court documents showing the offence, the date of conviction, and the sentence imposed.
3. Obtain local police record checks from every police jurisdiction where you have lived during the waiting period.
4. Complete the application form — the Parole Board of Canada application requires personal information, a description of the offences, and a statement about why the record suspension should be granted.
5. Submit with fee — the application is submitted to the Parole Board with the $50 application fee.
6. Parole Board review — the Board reviews the application and determines whether granting the record suspension would bring the administration of justice into disrepute. For indictable offences, the Board has more discretion.

Processing times vary significantly. The Parole Board targets a decision within 6 months of receiving a complete application, but delays are common — particularly for indictable offences that require a more detailed assessment.

Cost

The official Parole Board application fee is $50 (reduced from $631 in 2017). However, the total out-of-pocket cost is significantly higher because of the supporting documents required:

• RCMP certified criminal record check: varies by method ($25–$75)
• Local police record checks: $25–$65 per jurisdiction
• Court documents: varies by courthouse ($0–$50 per file)
• Fingerprinting (if required): $25–$75

For someone doing the application themselves, the total cost is typically $200–$500. Pardon application services that handle the paperwork charge $1,000–$3,000 or more depending on the complexity of the case and the number of convictions.

What a Record Suspension Does

• Removes the conviction from standard CPIC criminal record checks (the type most employers use).
• Allows you to truthfully answer “no” when asked whether you have a criminal record for most employment purposes.
• Removes the record from police databases that are searched during routine background checks.
• May assist with immigration applications in Canada (though each case is different).

What a Record Suspension Does NOT Do

• Does not erase the record — the record still exists, just sequestered.
• Does not remove the record from U.S. databases — the FBI and U.S. Customs and Border Protection maintain their own records. A Canadian record suspension has no effect on U.S. admissibility.
• Does not prevent disclosure on vulnerable sector checks — for pardoned sexual offences (where eligible), the record may still be flagged on a vulnerable sector screening.
• Does not prevent disclosure for certain government positions — law enforcement, intelligence, and some regulated positions may still access suspended records.
• Does not guarantee entry to other countries — some countries may have access to conviction information independently.

Record Suspension vs. Avoiding a Record in the First Place

A record suspension is the remedy after a conviction. But it requires years of waiting, a formal application, and has significant limitations — particularly for U.S. travel. The far better outcome is to avoid the criminal record in the first place.

This is where criminal defence matters. Outcomes that avoid a criminal record entirely include:

• Acquittal at trial — the charges are dismissed. No record.
• Withdrawal of charges — the Crown drops the case. No record.
• Peace bond (s. 810) — charges withdrawn in exchange for a recognizance. No record.
• Absolute discharge (s. 730) — finding of guilt but no conviction. Removed from CPIC after 1 year.
• Conditional discharge (s. 730) — finding of guilt with probation. Removed from CPIC after 3 years.

Each of these outcomes is faster, cleaner, and more effective than waiting 5–10 years and applying for a record suspension. A criminal defence lawyer’s primary goal is to secure one of these results — making a record suspension unnecessary.

Revocation

A record suspension can be revoked by the Parole Board if:

• The individual is convicted of a new indictable offence — revocation is automatic.
• The individual is convicted of a new summary offence and the Board determines the suspension is no longer in the public interest.
• The Board discovers the applicant was ineligible at the time of the application or provided false or misleading information.

Upon revocation, the original criminal record is fully restored and visible on all criminal record checks. The individual would need to wait the full eligibility period again before reapplying.