Record Suspensions

A Record Suspension enables individuals who were convicted of a criminal offence to have their criminal record kept separate and apart from other criminal records. A Record Suspension removes a person’s criminal record from the Canadian Information Centre (CPIC) database. This process, often referred to as “sealing” a criminal record, ensures that a search of CPIC will not reveal that the individual has a criminal record or a record suspension. Under the Criminal Records Act (CRA) the Parole Board of Canada (PBC) is the official agency responsible for ordering, denying and revoking record suspensions for convictions under federal acts or regulations of Canada. 

A Record Suspension is available to individuals who were convicted of a criminal offence, but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years. The waiting period before which a person may apply for a Record Suspension depends on whether the offence is a “summary” offence (generally less serious offences) or an “indictable offence” (generally more serious offences).  The waiting period for a Summary offence is 5 years and 10 years for an Indictable offence.  (Eligibility starts from the time you fully Completed your Sentence, including payments of Fine, Donations, Restitutions, Surcharges, etc. 

Obtaining a Record Suspension enables individuals to access employment and educational opportunities, obtain foreign visas and to generally reintegrate into society. A Record Suspension also provides peace of mind for a person with a criminal record when faced with: criminal background checks, career advancement, immigration and volunteer positions. 

• Does not erase a conviction or a criminal record (merely sets it aside); 
• Does not guarantee entry (or visa privileges) to another country; 
• Does not avoid being “flagged” during a criminal record check when former sexual offenders apply to work or volunteer with a vulnerable sector group (e.g. with children, the elderly, etc.). 

Yes, a Record Suspension can be revoked or cease to have effect if you are: 

• Convicted of a new indictable offence (or even a summary offence in some instances); 
• Found to no longer be of good conduct; 
• Found to have provided false information, made a misleading statement or omitted information when you applied for your Record Suspension; 
• Found to have been ineligible for a Record Suspension at the time the Record Suspension was granted. 

When a Record Suspension is revoked or ceases to have effect, the record of the criminal offences is added back in to the Canadian Police Information Centre (CPIC) database. 

•  Exciting updates to Canada's Controlled Drugs and Substances Act (CDSA) mean that you no longer have to go through the hassle of applying for a Pardon or Record Suspension for convictions of "Simple Possession" of drugs.

 Under the revised legislation, your record for a "Simple Possession" conviction will automatically be sealed either two years after the conviction or two years after the completion of any sentence imposed, whichever is later. This means you're free from the burden of past mistakes and can move forward with confidence.

 Here are the specific sections of the CDSA that outline these changes:

Conservation of record — conviction

• 10.6 (1) Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day. 

• 10.6(2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.

These legislative changes reflect the following principles:

Declaration of principles 10.1 The following principles apply in this Part: 

• (a) problematic substance use should be addressed primarily as a health and social issue; 

• (b) interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs and to reduce harm to those individuals, their families and their communities; 

• (c) criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence; 

• (d) interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and 

• (e) judicial resources are more appropriately used in relation to offences that pose a risk to public safety.

At The Pardon Group, we understand the importance of staying updated on legal changes that directly impact our clients. If you have any questions or need assistance navigating these new regulations, don't hesitate to contact us.