Record Suspension (Pardon) in Canada: Waiting Periods and Eligibility

A criminal record can follow you for years: a job application, a volunteer role, a professional licence, a trip across the border. In Canada, a record suspension, which used to be called a pardon, is the main way to keep an old conviction out of sight once enough time has passed. It is useful, but it is often misunderstood.

What a record suspension is

Under the federal Criminal Records Act, a record suspension means the conviction should no longer reflect adversely on you, and the record is kept separate and apart from other criminal records. It removes certain legal disqualifications that come from the conviction. It does not erase the conviction, and it can be revoked or stop having effect in some situations, for example if you are convicted of a new offence. The Parole Board of Canada decides applications.

Which offences it applies to

The Act applies to convictions for offences under Acts of Parliament, such as the Criminal Code and the Controlled Drugs and Substances Act. It does not apply to provincial offences, such as stunt driving or careless driving under Ontario's Highway Traffic Act. Those are not criminal convictions, so there is no criminal record to suspend.

How long you must wait

Section 4 of the Act sets the waiting periods. You must wait 5 years for an offence punishable on summary conviction and 10 years for an offence prosecuted by indictment, with limited exceptions for certain military offences. The clock starts only after your whole sentence has ended according to law, including any jail time, probation and payment of fines. People often count from the date of conviction, which is a mistake that can delay an application.

Who cannot apply

A person is generally ineligible to apply if they were convicted of an offence listed in Schedule 1 to the Act, which covers certain serious offences, or of more than three indictable offences for each of which they were sentenced to two years or more in prison. Schedule 1 offences have a narrow exception if specific conditions about the victim and the absence of violence are met. If you have more than one offence, the waiting periods and eligibility can be complicated, so get advice.

The Parole Board's test

For summary offences, the Board must be satisfied that you have been of good conduct and have not been convicted of a new offence during the waiting period. For indictable offences, you must also satisfy the Board that suspending the record at that time would provide a measurable benefit to you, would sustain your rehabilitation as a law-abiding citizen and would not bring the administration of justice into disrepute. The Board can consider the nature, gravity and duration of the offence, the circumstances, and your criminal history.

Cannabis possession offences

Schedule 3 to the Act lists certain cannabis offences. A person convicted only of these offences may apply without waiting for the usual period and without paying the application fee, and the Board must order the suspension if the conditions are met. Check whether your conviction is on that list.

What it does not do

• It does not erase the conviction or the facts.
• It does not guarantee entry to another country. Foreign authorities decide for themselves.
• It does not remove certain weapons, sexual-offender or driving prohibitions that continue under other laws.
• It can be revoked in some situations, including a new conviction.

Immigration and a record suspension

A criminal conviction can make a permanent resident or foreign national inadmissible to Canada, and a record suspension can matter to that analysis, but the rules are technical. See our page on criminal charges and immigration status and speak to a lawyer before you decide how to resolve a charge or when to apply.

Avoiding a record in the first place

The best way to deal with a record suspension is sometimes to avoid the conviction. Depending on the charge, options may include a withdrawal, diversion or a peace bond. See our guide to avoiding a criminal record and our article on peace bonds.

Talk to us

We act in criminal matters in Mississauga, Brampton and across the GTA, and we offer a free 15-minute phone consultation for criminal matters. See our criminal defence page or call (289) 652-0529.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.