It is often brought to our attention that there is misleading information concerning Record Suspensions versus Expungements.
An Expungement is an application made for historically unjust convictions for consensual sexual acts between same-sex partners. The offences to which an Expungement applies are listed in the Schedule to the Expungement of Historically Unjust Convictions Act.
An Expungement will permanently destroy or remove such convictions.
It does NOT however apply to any other types of offences.
The purpose of a record suspension/pardon is to remove barriers to reintegration that can be associated with a criminal record. If a record suspension/pardon is awarded, the entire criminal record is to be kept separate and apart. The criminal record can only be disclosed under very specific circumstances by the Minister of Public Safety. If an individual is found to have committed a new offence, be no longer of good conduct, or found to have been ineligible at the time the record suspension was ordered, a record suspensions can be ceased or revoked. If a record suspension is revoked or ceases to have effect, the record of offence(s) are added back into the Canadian Police Information Centre (CPIC) database. Record suspensions/pardons cannot be ordered posthumously.
With expungement, the Government recognizes that those whose record of conviction constitutes a historical injustice should not be viewed as "former offenders". Their conviction was for an act that should never have been a crime and had the conviction occurred today, it would likely be inconsistent with the Canadian Charter of Rights and Freedoms. If an application for expungement is approved, federal records of that conviction will be destroyed or removed. Unlike a record suspension/pardon, expungement is also available to those both living and deceased.