Record Suspensions (Pardons) in Canada

The short answer

A record suspension, which used to be called a pardon, keeps a conviction separate from other criminal records. After a record suspension is granted, the conviction usually does not appear on most police record checks. You apply to the Parole Board of Canada after a waiting period, and that waiting period starts only when your whole sentence is finished. For many people, a record suspension is the key step that opens the door to new jobs, volunteer roles and housing.

Does a criminal record expire?

A common myth is that a criminal record disappears after 7 years. In Canada, a conviction stays on your record until a record suspension is granted, no matter how long ago it happened. Discharges follow different rules, because they are removed from the national system automatically after 1 or 3 years. See discharges and your record.

Waiting periods

The waiting period depends on when your first offence happened. There are three time periods.

• On or after March 13, 2012: The wait is 5 years for a summary conviction and 10 years for an indictable offence.
• June 29, 2010 to March 12, 2012: The wait is 3 years for a summary conviction (5 for some sexual offences) and 5 years for an indictable offence (10 for some serious offences).
• Before June 29, 2010: The wait is 3 years for a summary conviction and 5 years for an indictable offence.

The clock starts only after the whole sentence is complete, including probation, jail, fines and victim surcharges. For example, a fine paid off a year after sentencing pushes the start date back by a year.

Who is not eligible

Some people cannot get a record suspension at all. Under s. 4(2) of the Criminal Records Act, two groups are not eligible.

• A Schedule 1 offence: This covers certain sexual offences involving children, with a narrow exception.
• More than three serious indictable offences: This means more than three indictable offences, each with a sentence of 2 years or more.

Cannabis possession convictions

If your only convictions are for simple possession of cannabis, you can apply without the usual waiting period and without paying a fee (s. 4(3.1) to (3.3)). This special process recognizes that cannabis possession is no longer a crime for adults in Canada.

Simple drug possession convictions

For simple possession of other drugs, a separate rule applies under s. 10.6 of the Controlled Drugs and Substances Act. Convictions entered after the 2022 changes must be kept separate from other records after a set period. The person is then treated as never having been convicted of that offence. Older simple possession convictions must also be kept separate, but they are not treated as never having happened. A record suspension may still be useful for those older convictions.

What a record suspension does

• Separates the record: The conviction is kept separate in the RCMP's national system.
• Limits disclosure: The conviction generally does not appear on most criminal record checks.
• Opens doors: It can help with jobs, volunteering, housing and professional licensing.

What it does not do

• It does not erase the record: The record still exists, and a record suspension can be revoked, for example after a new offence.
• It does not control other countries: A Canadian record suspension does not ensure entry to the United States or anywhere else.
• It has limits on vulnerable sector checks: Some sexual offence records can still appear on a vulnerable sector check.

How to apply

1. Fingerprint check: Get your RCMP fingerprint-based criminal record, which lists your convictions as they appear in the national system.
2. Court information: Get court documents for each conviction, showing the sentence and when it was completed.
3. Local police checks: Get local police record checks from the places where you lived during the relevant period.
4. Application: Complete the Parole Board application, include all documents and pay the $50 fee.

Processing times vary, and incomplete applications are returned without a decision. Many people get help from a lawyer or community agency so the application is complete the first time.

Common mistakes

• Applying too early: Many applications are rejected because the waiting period was counted from the sentencing date instead of the date the sentence was fully completed.
• Missing court records: Every conviction on the RCMP record needs matching court information, even very old ones.
• Unpaid amounts: An unpaid fine or victim surcharge means the sentence is not complete, so the waiting period has not started.
• Incomplete local checks: Each required local police check must be included, or the application can be returned.

What to do now

• Order your RCMP fingerprint-based record so you know exactly what is on it.
• Confirm the date each sentence was completed, including payment of fines and surcharges.
• Gather court documents early, because some courthouses take weeks to respond.
• Get advice if you have any outstanding charges, because they can affect eligibility.

If you have more than one conviction

When you have several convictions, the waiting period is based on the most serious one and starts after the last sentence is complete. If any of your convictions were prosecuted by indictment, the 10-year waiting period usually applies to the whole application. A new conviction during the waiting period restarts the clock.

Record suspensions and employment

Many employers ask only about convictions that have not been suspended. Once a record suspension is granted, you can generally answer that you have no criminal record on a Canadian job application. However, some regulated professions and vulnerable sector positions have their own rules, so read each question carefully.

How we can help

We can check your eligibility, gather the documents and prepare the application. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions