Who is not eligible for a record suspension?
Short answer
Under section 4(2) of the Criminal Records Act, two categories of people cannot apply for a record suspension: those convicted of an offence listed in Schedule 1 to the Act (sexual offences involving minors) and those with more than three convictions prosecuted by indictment.
In detail
The first exclusion covers the offences listed in Schedule 1 to the Act, which brings together sexual offences involving minors. Section 4(3) does provide an exception, on strict conditions, in particular where the person was not in a position of trust or authority and where there was no use of violence or threats.
The second exclusion covers a person who has been convicted of more than three offences prosecuted by indictment, each of which resulted in a sentence of imprisonment of two years or more.
Apart from those exclusions, eligibility depends on meeting the waiting periods. The Parole Board of Canada offers an online self-assessment tool so you can check where you stand before spending money.
One useful point: simply having several convictions does not automatically shut you out. What counts are the cumulative conditions set out in the Act.
What to document
Draw up a complete list of your files: offence, date, judicial district, how it was prosecuted (summary conviction or indictment) and the sentence imposed. That list is needed to assess eligibility, and it is hard to reconstruct without a recent criminal record check and the court documents.
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.
Open the application Up to 3 files, no card · see the plans
Official sources
- Criminal Records Act, s. 4 — Justice Laws Website
- Record suspension — online self-assessment tool — Parole Board of Canada
Related questions
- 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?
- Can I be compensated as the victim of a crime?
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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.