Record Suspensions
Criminal Record holding you back?
Formerly known as a pardon, a record suspension seals your record from the public. This can be invaluable for many purposes, including getting a job and volunteering.
What is a Record Suspension (formerly known as a Pardon)?
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.
When is a Record Suspension available?
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.
How does a Record Suspension benefit a person with a criminal record?
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.
What does a Record Suspension not do?
- 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.).
Can a Record Suspension be revoked?
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.