How long do I have to wait to apply for a pardon or a record suspension?

In detail

The waiting period does not run from the date of the conviction, but from the “expiration according to law of the sentence”. That includes the end of imprisonment, the end of the probation period and payment of the fine in full. An unpaid fine therefore blocks the starting point of the calculation.

A separate regime applies to older offences. Since March 19, 2020, the Parole Board of Canada no longer applies retroactively the amendments made to the Act in 2010 and 2012: applications are processed according to the eligibility criteria in force at the time of the first offence. In practical terms, if your first offence was committed before March 13, 2012, the earlier — shorter — waiting periods apply.

The Board provides an online self-assessment tool so you can check your eligibility before starting the process.

The word “pardon” is still in common use, but since 2012 the Act speaks of a “record suspension”.

What to document

For each file, gather: the date of the conviction, how it was prosecuted (summary conviction or indictment), the date the sentence ended, the date probation ended and proof that the fine and the victim surcharge were paid in full. It is the calculation of the “expiration according to law of the sentence” that sets your eligibility date — and that is where applications most often come apart.

Official sources

• Criminal Records Act, s. 4 — Justice Laws Website
• Record suspension — online self-assessment tool — Parole Board of Canada

Related questions

• How much does it cost to apply for a record suspension?
• Does a record suspension erase my criminal record?
• 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?

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