Record suspension (pardon): how to apply yourself

1. What it is (and what it isn’t)

A record suspension sets aside your criminal record: it is removed from the RCMP’s active files and no longer shows up in a routine check. It is NOT an erasure: the record still exists and can be brought back into circulation if you are convicted again, or consulted in certain cases (for example, a check for a position working with vulnerable people). It is granted by the Parole Board of Canada.

2. Am I eligible? (the waiting periods)

First, you must have completed your entire sentence: jail, probation, AND payment of every fine, victim surcharge or restitution. The waiting period starts at that point, and it is generally:

• 5 years for an offence punishable on summary conviction ;
• 10 years for an indictable offence (and for certain serious offences, such as those causing personal injury).

Some offences (for example, most sexual offences against a child) make a person ineligible, as does a long record. Since the exact classification depends on your case, check your precise eligibility with the official tool before paying anything: Record suspension · Canada.ca.

3. The special case of cannabis

If your only conviction is for simple possession of cannabis and you have served your sentence, you can apply for a record suspension with no fee and no waiting period (expedited process). It is a separate, faster route.

4. The documents to gather

The application requires gathering several documents (this is the longest step):

• Your criminal record check, obtained through fingerprinting (RCMP), at a police station or an accredited company.
• The court information (documents for each conviction: offence, sentence, date).
• The checks with the local police services for the places where you have lived (for the period required).
• A proof of citizenship or immigration status, and sometimes a military conduct sheet.
• The completed application form and the payment.

5. The official forms + the cost

The official forms and Application Guide are free on the Board’s website: Application guide and forms · Canada.ca. The Board’s processing fee is $50 (reduced in 2022). Separate costs may apply for fingerprinting and for obtaining certain documents (set by the providers, not by the Board).

6. Where and how to submit

Once the file is complete, you send it to the Parole Board of Canada, following the instructions in the official Guide (the mailing address and payment methods are in it). The Board then assesses eligibility, conduct since the sentence and, for indictable offences, whether the suspension would bring a measurable benefit and would not bring the administration of justice into disrepute. Processing times vary; check the official service standards.

7. Paid private services

Private companies (often called “pardon services”) offer to prepare your application for a fee, on top of the Board’s $50. That is legal and sometimes convenient (they handle the paperwork), but: it is never required, they cannot guarantee a result (the Board decides), and the same result can be obtained by applying yourself or with the help of a free organization. Weigh the cost against what you are comfortable doing yourself.

8. What a record suspension really changes

• The record no longer shows up in a routine check · useful for employment and housing.
• It does not erase the record, and it can be revoked (a new offence, a false statement).
• It does not bind other countries: in particular, the United States does not recognize the Canadian suspension · a record can still cause problems at the border.

9. Getting help

You are not required to pay a company: community organizations and reintegration groups help build an application for free, and a community justice centre can point you in the right direction. For the exact eligibility of your case, the official source (below) or a lawyer remain the references.