Record Suspensions

Administration of Justice

A record suspension allows individuals to have their criminal record kept separate from other criminal records and out of the public eye. This means that, when employers, volunteer organizations, landlords, and other organizations conduct criminal record checks, they will not see this information. 

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Record Suspension

If you have a criminal record, you may not realize how a conviction for a criminal offence in Canada will have a dire impact on your life. Placing you at a significant disadvantage, the existence of that record may affect your ability to travel, cross the Canada/USA border and even negatively affect your immigration status.


However, you don't have to leave Canada to encounter the implications of having a conviction. For example, nearly every employment application requests the disclosure of convictions unless you received a record suspension (formerly known as a pardon).


Likewise, many professions and educational programs will require a clean criminal background check as a condition of admittance. These primarily include education, childcare, finance, policing, medicine and law, to name a few.


Some provinces in Canada will not even allow you to serve on a jury and/or your credibility as the court may question a witness. If you want to help out a friend or a family member as a surety, you may not be accepted. 


If you have minor children, a criminal record may affect your custody, visitation and even your ability to volunteer at your child's school or extracurricular events.


Record Interfering With Travelling?

Our record waiver representation service is affordable, but we don't skimp on quality or support. We strive to provide you with the fastest and most efficient service possible so that you can resume living your life to its fullest potential. If you need help completing the necessary paperwork and submitting it to the Parole Board of Canada, we can help. Obtaining all the necessary documents can be difficult if you don't know where to start.


Criminal law is quite complex, no matter whether you are the accused or have a loved one or friend by your side. We are committed to helping you secure a record suspension and get back to enjoying your life to the fullest. Don't let a criminal record hold you back.


We are a reputable licensed paralegal firm, unlike those you might find online. As a result, we will be able to assist you throughout the entire process. Comparing our rates with those of our competitors is a great way to save money. You won't find us cutting corners. It's just a matter of saving you money by using our services. That's it.


There is no difference between the reasons for your conviction and the process of applying for a pardon, it is the same process for everyone. If you encounter any delays or obstacles along the way, we will be able to support you at every stage of the process and provide recommendations for the most appropriate course of action based on the obstacles you encounter.


To ensure that you receive the right guidance, we partner with one of our team members including a licensed paralegal and a former federal parole officer to ensure that you get the right guidance.

Is there anything else you need to know?

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FAQ

Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.

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It is important to understand the facts of your case if you have a legal matter. Choosing an experienced legal counsel who can craft a strategy for your case is the best way to proceed.

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Record Suspension (Pardons)

Let's take a look at some common questions for record suspensions.

Record Suspension Defined

A record suspension allows people 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, to have their criminal record kept separate and apart from other criminal records.


A record suspension has the effect of removing a person's criminal record from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that the individual has a criminal record or a record suspension. This helps them access employment and educational opportunities and to reintegrate into society.


The Criminal Records Act (CRA) applies only to records kept by federal organizations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are told that a record suspension has been ordered.


Responsible for Record Suspensions

Under the Criminal Records Act (CRA), the Parole Board of Canada (PBC) is the official and only federal agency responsible for ordering, refusing to order and revoking record suspensions for convictions under federal acts or regulations of Canada.

Limits of a Record Suspension

A record suspension…

  • Does not erase a convicted offence, but sets it aside;
  • Does not guarantee entry or visa privileges to another country;
  • Is flagged in Canadian Police Information Centre (CPIC) for former sexual offenders. This is done so that should the individual apply to work or volunteer with a vulnerable sector group (e.g. with children, the elderly) a vulnerable sector check will identify that the individual was convicted of a sexual offence for which a record suspension was received.


A record suspension (or pardon) can be revoked or cease to have effect if you are:

  • Convicted of a new indictable offence, or in some cases, a summary offence;
  • Found to no longer be of good conduct;
  • Found to have made a false or misleading statement, or hidden information when you applied;
  • Found to have been ineligible for a record suspension at the time the record suspension was ordered.


If a record suspension is revoked or ceases to have an effect, the record of the offence(s) is added back into the Canadian Police Information Centre (CPIC) database.


Who is Eligible for a Record Suspension?

You may apply for a Record Suspension if you:

  • Were convicted of an offence in Canada under a federal act or regulation of Canada as an adult; and/or
  • Were convicted of a crime in another country and were transferred to Canada while serving that sentence under the Transfer of Offenders Act  or International Transfer of Offenders Act.


Determining your Eligibility for Record Suspension or Pardon

Since March 19, 2020, changes made to the Criminal Records Act (CRA) in both 2010 and 2012 are no longer being applied retroactively for applicants who committed their first offence before the coming into force of these changes. This means that applications are now being processed using the CRA eligibility criteria in place at the time of an applicant’s first offence.



I committed my first offence*...

  • Before June 29, 2010

    Your application will be assessed against this Criminal Records Act criteria:


    Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:

    • 5 years – an offence prosecuted by indictment
    • 3 years – an offence punishable on summary conviction

    Please use the current Record Suspension Application Guide and forms.


    Your application will be assessed by the Parole Board of Canada as outlined above.

  • Between June 29, 2010, and March 12, 2012

    Your application will be assessed against this Criminal Records Act criteria:


    Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:


    • 10 years – Serious personal injury offence (within the meaning of section 752 of the Criminal Code), including manslaughter, for which the applicant was sentenced to a prison term of 2 years or more, or an offence referred to in Schedule 1 that was prosecuted by indictment.
    • 5 years – any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.
    • 3 years – an offence other than the ones mentioned above, that is punishable on summary conviction.

    Please use the current Record Suspension Application Guide and forms.


    Your application will be assessed by the Parole Board of Canada as outlined above.

  • On or after March 13, 2012

    Your application will be assessed against the current Criminal Records Act criteria:


    Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:


    • 10 years – an offence prosecuted by indictment
    • 5 years – an offence that is punishable on summary conviction

    A person is ineligible if they:

    • Have been convicted of an offence referred to in Schedule 1
    • Have been convicted of more than three offences prosecuted by indictment, each with a sentence of two years or more.

    Please use the current Record Suspension Application Guide and forms.


    Your application will be assessed by the Parole Board of Canada as outlined above.

*While the Parole Board of Canada's (PBC) application forms require information about your conviction date(s), your application will be assessed based on your first offence date. If you know the date of your first offence, please include it with your application package.


If you do not know this date, the PBC will try to find it. If needed, PBC will adjust how your application is processed to match the appropriate legislation.


No Need to Apply for a Record Suspension

There is no need to apply for a record suspension if:

  • You have only received an absolute or conditional discharge*; or
  • Were only convicted in a youth court or youth justice court**.


*For more information, contact the Royal Canadian Mounted Police Pardon & Purge Services.

**Your record(s) will be destroyed or archived once all applicable periods have elapsed under the Young Offenders Act or the Youth Criminal Justice Act.


No Effect on Your Driving or Weapons Prohibition

  • A record suspension will not effect your driving or weapons prohibition orders.
  • The Parole Board of Canada has no jurisdiction over youth offences recorded before 1996 that are not listed on your criminal record, even if you were subsequently convicted as an adult. You must contact the court and police agency directly and request them to put those records aside.


Apply for a Record Suspension

To apply, you must have completed all of your sentences including:

  • All fines, surcharges
  • All sentences of imprisonment, conditional sentences, including parole and statutory release;
  • Any probation order(s).


Important:

  • Your weapons or driving prohibition order do not need to be expired before the waiting period begins.


To do so:

  • Identify when you have committed your first offence (not the date of sentencing); and
  • Identify if you were convicted of a summary or indictable conviction.


Tip:

You may contact the court to obtain this information.


Important:

  • If the court cannot confirm the method of trial, the longest waiting period will apply.
  • The waiting period starts after you have completed all of your sentences.


You must have completed the appropriate waiting period by referring to the table below.


Waiting Period

To apply for a record suspension, you must have completed all of your sentences, which include:

  • All fines, surcharges
  • All sentences of imprisonment, conditional sentences, including parole and statutory release;
  • Any probation order(s).


Important: 

  • Your weapons or driving prohibition order do not need to be expired before the waiting period begins.


You must have completed the appropriate waiting period by referring to the table below.


To do so:

  • Identify when you have committed your first offence (not the date of sentencing); and
  • Identify if you were convicted of a summary or indictable conviction.


Tip: 

  • You may contact the court to obtain this information.


Important:

  • If the court cannot confirm the method of the trial, the longest waiting period will apply.
  • The waiting period starts after you have completed all of your sentences.


  • Before June 29, 2010

    The waiting period is:

    • 5 years – an offence prosecuted by indictment.
    • 3 years – an offence punishable on summary conviction.

  • Between June 29, 2010, and March 12, 2012

    The waiting period is:


    • 10 years — Serious personal injury offence (within the meaning of section 752 of the Criminal Code); including manslaughter; an offence for which you were sentenced to a prison term of 2 years or more, and an offence referred to in Schedule 1 that was prosecuted by indictment.
    • 5 years — any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.
    • 3 years — an offence other than the ones mentioned above, that is punishable on summary conviction.

  • On or after March 13, 2012

    The waiting period is:

    • 10 years — an offence prosecuted by indictment.
    • 5 years — an offence that is punishable on summary conviction.


The method of the trial will decide your eligibility. If this information is not provided, the longest waiting period under the applicable version of the CRA (5 or 10 years) will be applied to your file.


Application Fee Reduction - Record Suspension (Pardon)

Record suspension applications will continue to be processed promptly, according to established processing times.

Record Suspension: Steps

  • Step 1 – Get your Criminal Record

    To initiate the process, arrange for your fingerprints to be taken. You can visit an accredited fingerprinting company or a police service equipped for electronic submission. 


    Ensure that your electronic fingerprint submission clearly indicates your application for a record suspension. Subsequently, await the receipt of your criminal record, encompassing criminal convictions, conditional and absolute discharges, or a Certification of No Criminal Record from the Royal Canadian Mounted Police (RCMP). Any documents provided by the RCMP should be included with your application.


    For convictions beyond the borders of Canada, it is imperative to furnish information to the Parole Board of Canada regarding these convictions, alongside your criminal record.


    Upon receipt of your criminal record, meticulously review its contents to confirm the inclusion of all your convictions. It is incumbent upon you to report all your convictions to the Parole Board of Canada.


    If all your convictions are accounted for, proceed to STEP 2. However, if any convictions are absent from your criminal record, procure a Proof of Conviction for each one. Contact the court that administered your case and/or the relevant police service to obtain this information.


    The Proof of Conviction must encompass:

    • The date and court where you were sentenced
    • The offense that led to your conviction
    • The sentence imposed
    • The arresting police force

  • Step 2 – Get your Court Information

    Contact the court(s) that heard your case(s). You must ask each court to complete the specific form if you were sentenced in more than one. 


    For each court, you will need to provide a copy of your criminal record and ask them to fill out the "For Court Use Only" section.


  • Step 3 – Get your Military Conduct Sheet

    Step 3 – Get your Military Conduct Sheet

    If you are not a current or past member of the Canadian Forces, go to STEP 4.


    If you are a current or past member of the Canadian Forces (Regular or Reserve) you must get a certified, signed and dated copy of your Military Conduct Sheet by contacting the appropriate organization below. If no conduct sheet exists, you must provide a letter from your Commanding Officer or the appropriate organization, which indicates that no information is available.


    For Current Regular or Reserve Members:

    You must request a Military Conduct Sheet from your Commanding Officer.


    For former Regular Members:

    If you left on or after January 1, 1998, contact the Department of National Defence Access to Information and Privacy (ATIP) Section under the Privacy Act:


    Director Access to Information and Privacy

    National Defence Headquarters

    Major-general George R. Pearkes Bldg.

    101 Colonel By Drive

    Ottawa, Ontario K1A 0K2


    If you left before January 1, 1998, contact the Library and Archives Canada ATIP Section:


    Access to Information, Privacy and Personnel Records Coordinator

    Library and Archives Canada

    395 Wellington Street

    Ottawa, Ontario K1A 0N4


    For former Reserve Members:

    If you left on or after March 1, 2008, contact the Department of National Defence Access to Information and Privacy (ATIP) Section under the Privacy Act:


    Director Access to Information and Privacy

    National Defence Headquarters

    Major-general George R. Pearkes Bldg.

    101 Colonel By Drive

    Ottawa, Ontario K1A 0K2

    Website: Personal Information Request Form


    If you left before March 1, 2008, contact the Library and Archives Canada ATIP Section:


    Access to Information, Privacy and Personnel Records Coordinator

    Library and Archives Canada

    395 Wellington Street

    Ottawa, Ontario K1A 0N4

    Website: Online requests and forms


    IMPORTANT! 

    Include all correspondence from your Commanding Officer, National Defence or Library and Archives Canada with your application.


    Make sure that your request for your Military Conduct sheet includes the following information:

    • Shows that the reason for the request is for a Record Suspension Application;
    • Your first and last name. (If it has since changed, it must state your name at the time);
    • Your date of birth;
    • Your Military Identification Number or Service Number;
    • Your signature;
    • Enlistment and discharge dates. 

  • Step 4 – Get your local police record check(s)

    A local police record check is required for the following:

    • Your current address (your city or town); and
    • If you lived there for 3 months or more during the last 5 years, list each city or town.

    Local police records checks are only valid for 12 months after they are issued. 

  • Step 5 – Get a copy of your document to support your identity

    Photocopies of documents supporting your identity must be submitted with your application. 

    • A valid government-issued (Federal, Provincial or Municipal) document must contain your name, date of birth, and signature.

  • Step 6 – Complete the Schedule 1 Exception Form

    We will complete the Schedule 1 Exemption Form. This step is only required if:


    If you have been convicted of a Schedule 1 offence since March 13, 2012 or later, your first offence must have occurred on or after that date


    Schedule 1 offences must have been committed after March 13, 2012.


  • Step 7 – Fill in the Record Suspension Application Form

    Make sure that you have:

    • Answered all questions on both sides of the form
    • Answered all questions truthfully and completely
    • Signed and dated the form within the last year. As the applicant, you must sign the form

    Important: 

    If you do not answer all the questions on both sides of the form or do not sign the form, the Parole Board of Canada will return your application and documents.


    If your mailing address changes, you must send the Parole Board of Canada a letter with your new mailing address. 


    This letter must include:

    • Your name
    • Your Record Suspension Application Personal Reference Number
    • Your new mailing address
    • Your signature. As the Applicant, you must sign the letter.

    Important: Even after you receive a record suspension, you must continue to advise the Parole Board of Canada of any changes in your address.

  • Step 8 – Complete the Measurable Benefit/Sustained Rehabilitation Form

    Please note that this Step is only required if your first offence was committed on or after June 29, 2010. You may wish to include information on the circumstances of your offence(s) to help with the processing of your application.


    As per section 4.1 of the Criminal Records Act, you must clearly describe how receiving a record suspension would provide you with a measurable benefit AND sustain your rehabilitation into society as a law-abiding citizen. 


  • Step 9 - Provide the Payment of the Application Processing Fee

    Important: In order to include the current fee, consult the updated Record Suspension Application Guide at Canada.ca/record-suspensions or contact the Parole Board of Canada at 1-800-874-2652 or suspension@pbc-clcc.gc.ca.


    The following payment types are accepted:

    • Interac e-transfer
    • Credit card 
    • Certified cheque
    • Money order
    • Bank draft

Simple Possession of Cannabis & Other Offences

Were you convicted of simple possession of cannabis and at least one other offence (e.g., assault)?


If so, please note the following:

  • A simple possession of cannabis conviction will not be included in your waiting period calculation and will not be considered by Board members in their assessment.
  • You are eligible to apply even if you have not paid the fine or victim surcharge that was imposed for the simple possession of cannabis conviction only. Any unpaid fines will not be forgiven and provincial and federal governments may choose to enforce their payment later, even if you receive a record suspension.
  • You must have completed all other parts of the sentence (i.e., imprisonment and probation, restitution and compensation orders) for both simple possession of cannabis and any other offences.


You must demonstrate to the Parole Board of Canada that you were convicted of simple possession of cannabis by obtaining official documentation from the court that heard your case and/or the police service that has jurisdiction in the location where you were arrested.


It must be clear that any unpaid fine is for the simple possession of cannabis conviction only. If the fine or surcharge was imposed for multiple offences on the same day, it must be paid in full as a condition of eligibility and the applicable waiting period applies.

You must review the official documentation you have obtained carefully to determine if it demonstrates that the substance was cannabis.


If you are unable to demonstrate to the Parole Board of Canada that the substance was cannabis, you must complete the entire sentence, including payment of fines and victim surcharges before applying. The conviction will also be included in your waiting period calculation.


Frequently Asked Questions

Here are answers to some common questions. 

Schedule 1 Offences

  • Schedule 1 Offences

    SCHEDULE 1

    (Subsections 4(2), (3) and (5))

    1 Offences


    (a) under the following provisions of the Criminal Code:


    (i) section 151 (sexual interference with a person under 16),


    (ii) section 152 (invitation to a person under 16 to sexual touching),


    (iii) section 153 (sexual exploitation of a person 16 or more but under 18),


    (iv) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality),


    (v) section 163.1 (child pornography),


    (vi) section 170 (parent or guardian procuring sexual activity),


    (vii) section 171 (householder permitting sexual activity),


    (vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences),


    (vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences),


    (vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences),


    (viii) section 172 (corrupting children),


    (ix) section 172.1 (luring a child),


    (ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18),


    (ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16),


    (ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14),


    (x) subsection 173(2) (exposure),


    (xi) to (xiii) [Repealed, 2014, c. 25, s. 35]


    (xiv) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences),


    (xv) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence),


    (xvi) paragraph 273.3(1)(c) (removal of child under 18 from Canada for purposes of listed offences),


    (xvi.1) section 279.011 (trafficking — person under 18 years),


    (xvi.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),


    (xvi.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),


    (xvi.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),


    (xvi.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),


    (xvi.6) subsection 286.3(2) (procuring — person under 18 years),


    (xvii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xvi), and


    (xviii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xvi);


    (b) under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988:


    (i) subsection 146(1) (sexual intercourse with a female under 14),


    (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),


    (iii) section 151 (seduction of a female 16 or more but under 18),


    (iv) section 166 (parent or guardian procuring defilement), and


    (v) section 167 (householder permitting defilement);


    (b.1) under the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force:


    (i) subsection 212(2) (living on the avails of prostitution of person under 18 years),


    (ii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and


    (iii) subsection 212(4) (prostitution of person under 18 years);


    (c) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act;


    (d) that are referred to in paragraph (b) and that are punishable under section 120 of the National Defence Act, R.S.C. 1970, c. N-4; and


    (e) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d).


    2 Offences


    (a) involving a child under the following provisions of the Criminal Code:


    (i) section 153.1 (sexual exploitation of a person with a disability),


    (ii) section 155 (incest),


    (iii) section 162 (voyeurism),


    (iv) subsection 163(1) (obscene materials),


    (v) paragraph 163(2)(a) (obscene materials),


    (vi) section 168 (mailing obscene matter),


    (vii) subsection 173(1) (indecent acts),


    (viii) section 271 (sexual assault),


    (ix) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm),


    (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm),


    (xi) section 273 (aggravated sexual assault),


    (xii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xi), and


    (xiii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xi);


    (b) involving a child under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988:


    (i) section 153 (sexual intercourse with stepdaughter, etc., or female employee), and


    (ii) section 157 (gross indecency);


    (c) involving a child under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 4, 1983:


    (i) section 144 (rape),


    (ii) section 145 (attempt to commit rape),


    (iii) section 149 (indecent assault on female),


    (iv) section 156 (indecent assault on male),


    (v) section 245 (common assault), and


    (vi) subsection 246(1) (assault with intent to commit an indictable offence);


    (d) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act;


    (e) that are referred to in paragraph (b) or (c) and that are punishable under section 120 of the National Defence Act, R.S.C. 1970, c. N-4; and


    (f) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e).

Fingerprinting

  • Where can I get my fingerprinting done?

    Cordaie Paralegal Services do not endorse any one fingerprinting service. 


    The RCMP provides a list of companies that are authorized to take fingerprints for civil purposes and submit them as electronic transactions to RCMP's Canadian Criminal Real Time Identification Services (CCRTIS) for verification against the National Repository of Criminal Records.


    The list is updated at the beginning of each month. It is subject to change as companies can be added or removed at any time. It can be found on the RCMP website.


  • How much does it cost for fingerprinting?

    The average rate is about $50 plus HST.  There may be an additional $25 fee if required by the RCMP.


LET OUR TEAM HANDLE IT

How We Can Help

There is only one agency in Canada that can accept and decide if your application for the suspension of your criminal record will be approved. It is the Parole Board of Canada. If they approve your request, your criminal conviction will be set aside (instead of being wiped out).


Many different companies out there offer services that they call pardons or record suspensions. However, the truth of the matter is that only the Parole Board of Canada has the authority to decide whether or not an offender is eligible for a record suspension.


Furthermore, you must submit accurately completed forms as well as a variety of documents for your application to be processed. You will be notified if there are any errors in your documents and you will receive them back. The result of this is that your application will take a longer time to be processed.


You will have to pay a processing fee to the Canada Parole Board regardless of whether you hire a firm to assist you. It is common for third-party firms to charge a processing fee for assisting you with your record suspension application. You should be cautious when hiring someone else to assist you as many places are overpriced and promise quick results. Since the Parole Board of Canada processes applications according to their date of receipt, this is not possible. No rush or other expedited service is offered by the Parole Board of Canada.