Does a record suspension erase my criminal record?
Short answer
No. Under section 2.3 of the Criminal Records Act, a record suspension keeps the record separate from other judicial records and puts an end to the disqualifications that flow from it, but it does not erase the conviction. The record still exists; it is simply no longer accessible in the same way.
In detail
Section 2.3 sets out the effect: a record suspension is evidence that the applicant has been of good conduct and that the conviction should no longer reflect adversely on their character. The record is kept separate, and the disqualifications that flowed from the conviction cease, subject to exceptions provided for in certain federal statutes.
Three important limits. First, certain expanded checks — in particular those for work with vulnerable persons — can still allow some offences to be disclosed, especially sexual offences. Second, a new conviction can lead to the record suspension being revoked. Third, a record suspension is a Canadian decision: it does not bind foreign authorities.
In Quebec, on the other hand, a record suspension has a direct effect in employment: section 18.2 of the Quebec Charter expressly prohibits penalizing a person who has obtained a pardon, and that is so without having to show that the offence was unconnected with the employment.
What to document
Keep the Parole Board of Canada's written decision granting the record suspension in a safe place, with its date. That is the document that lets you rely on section 18.2 with an employer. Keep a criminal record check dated after the decision as well.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Criminal Records Act, s. 2.3 — Justice Laws Website
- Charter of human rights and freedoms (CQLR c. C-12), s. 18.2 — LégisQuébec
Related questions
- Who is not eligible for a record suspension?
- Can I travel to the United States with a criminal record?
- Can the public see my criminal file at the courthouse?
- Can my name be published in the media if I am a victim?
- What is a victim impact statement and what is it for?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.