A record suspension, formerly known as a pardon, allows individuals convicted of a criminal offence to have their criminal record kept separate from other records. This ensures that the conviction does not appear on standard background checks, making it easier to:
✔ Access employment opportunities
✔ Pursue higher education
✔ Reintegrate into society
However, a record suspension does not erase a conviction—it simply sets it aside. Additionally, it does not guarantee entry or visa privileges to another country.
🔗 For more on criminal summary conviction cases:
BF Legal Services – Criminal Summary Conviction Cases
The Parole Board of Canada’s Role in Record Suspensions
The Parole Board of Canada (PBC) is responsible for:
✔ Granting record suspensions
✔ Denying applications
✔ Revoking suspensions if conditions are violated
A record suspension can be revoked if the individual:
❌ Commits a new indictable offence
❌ Fails to maintain good conduct
❌ Provides false or misleading information in the application
In such cases, the conviction is reinstated in the Canadian Police Information Centre (CPIC) database.
🔗 For traffic-related offences and legal consequences:
BF Legal Services – Traffic Ticket Charges and Consequences
Who is Eligible for a Record Suspension?
Eligible Individuals:
✔ Convicted of an offence in Canada under a federal act or regulation
✔ Convicted of a crime in another country and transferred to Canada under the Transfer of Offenders Act
Who is NOT Eligible?
❌ Individuals with only an absolute or conditional discharge
❌ Convictions from youth court before 1996 that are not listed in official criminal records
Important Notes:
- A record suspension does not affect driving or weapons prohibition orders
- The Parole Board of Canada cannot alter youth offences recorded before 1996
- Individuals must contact the court and police agency directly to address these records
Waiting Periods for Record Suspensions
The waiting period to apply for a record suspension depends on when the offence occurred:
| Offence Date | Indictable Offences | Summary Conviction Offences |
|---|---|---|
| Before June 29, 2010 | 5 years | 3 years |
| Between June 29, 2010 – March 12, 2012 | 10 years (serious offences) | 3-5 years |
| On or after March 13, 2012 | 10 years | 5 years |
🔗 For more details on the Criminal Records Act and eligibility:
Government of Canada – Record Suspensions
Applying for a Record Suspension
Step 1: Confirm Eligibility
✔ Ensure you have completed all sentences (fines, imprisonment, probation, etc.)
✔ Confirm you have waited the required period based on your offence
Step 2: Gather Documents
📄 Fingerprints
📄 Certified criminal record copy
📄 Court documents and police checks
Step 3: Pay Fees
💰 Application Fee: $50.00 (as of January 1, 2022)
💰 Additional costs may apply for fingerprints, court records, and background checks
Step 4: Submit Application
📩 Applications must be sent directly to the Parole Board of Canada. A lawyer is not required, but legal advice can be helpful.
Step 5: Processing Time & Considerations
⏳ Processing time varies—submit well in advance of any planned travel or legal requirements.
🚫 No preferential treatment—all applications are processed equally.
Key Considerations for Travel and Future Legal Matters
🚫 A record suspension does NOT guarantee entry into another country. Always check with foreign authorities before traveling.
🛂 Some countries may still see a past conviction even if it has been suspended.
Final Thoughts
A record suspension is a powerful tool for individuals looking to move forward after a criminal conviction. However, understanding eligibility, limitations, and the application process is crucial before applying.
Need Legal Assistance?
If you’re unsure about your eligibility or need help navigating the process, BF Legal Services provides expert paralegal support in Ontario.
📞 Contact BF Legal Services today!
