Record Suspensions (Pardons) in Canada: How to Clear Your Criminal Record
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A record suspension in Canada: applicants can apply through the Parole Board of Canada seals a criminal record from public view once the required waiting period has passed — 5 years after completing a sentence for a summary offence, or 10 years for an indictable offence. The application fee is $50, though total costs typically run higher once fingerprinting and document fees are included.
A Criminal Record Doesn't Have to Follow You Forever
A criminal conviction can feel like something that follows you indefinitely — showing up on background checks, limiting job opportunities, and complicating travel. But Canadian law provides a formal path to move past it: a record suspension, formerly known as a pardon.
This guide walks through how the record suspension process in Canada actually works, who qualifies, and what to expect at each stage — useful whether you’re personally eligible now or simply trying to understand your options for the future.
Record Suspension vs. Pardon vs. Expungement: What's the Difference?
These terms get used interchangeably, but they’re not quite the same thing.
Term | What It Actually Means |
|---|---|
Record Suspension | The current legal term, used since 2012. Seals a record from public view — it still exists but is set apart from other criminal records |
Pardon | The older, pre-2012 term for the same process. Still used informally, but no longer the official legal terminology |
Expungement | A separate, much narrower process that permanently destroys a record. Available only for a limited set of historically unjust convictions |
For the vast majority of people looking to move past a conviction, a record suspension — not expungement — is the relevant process.
How Long You Have to Wait Before Applying
The waiting period is one of the most important things to understand, because applying too early results in automatic refusal. The clock starts only once your entire sentence is complete — including custody, probation, and any fines or restitution.
- Summary conviction offences — a 5-year waiting period
- Indictable offences — a 10-year waiting period
- Mixed records — if you have both summary and indictable convictions, the longer 10-year period applies to your entire record
During this entire waiting period, you’re expected to demonstrate good conduct — no new convictions and no outstanding charges.
Who Isn't Eligible for a Record Suspension
A record suspension isn’t available to everyone, regardless of how much time has passed. Under the Criminal Records Act, you’re generally ineligible if:
- You were convicted of a Schedule 1 offence — sexual offences against a minor — outside of narrow exceptions
- You have more than three indictable convictions, each carrying a sentence of two years or more
- You still have outstanding charges, unpaid fines, or an active prohibition order
If you’re unsure whether your specific record qualifies, this is exactly the kind of question worth reviewing with a lawyer before you begin gathering documents.
The Record Suspension Application Process
Step 1: Request Your Criminal Record
You’ll need a certified copy of your criminal record from the RCMP, obtained through fingerprint submission.
Step 2: Gather Court Documents
Official court records confirming each conviction and proof that your sentence, including any fines or probation, was fully completed.
Step 3: Obtain Local Police Record Checks
A police information check from every police service in any city where you’ve lived for 90 or more consecutive days since your earliest conviction.
Step 4: Complete and Submit Your Application
The full application package goes to the Parole Board of Canada, along with the $50 processing fee.
Step 5: Wait for a Decision
Processing times vary — summary conviction applications typically take around 6 months once accepted as complete, while indictable conviction applications often take closer to 12 months, and complex or contested files can take considerably longer.
What Happens After Your Record Suspension Is Approved
Once approved, your record is set aside and removed from the Canadian Police Information Centre (CPIC) database, meaning it generally won’t appear on standard criminal record checks used for most employment and volunteer purposes. It’s important to understand this seals the record rather than deleting it — it can be reinstated if you’re convicted of a new offence, and it may still be disclosed in a vulnerable-sector check for certain sexual offences.
If Your Application Is Denied
A denial isn’t necessarily the end of the road. The Parole Board will explain its reasons in writing, and depending on the issue — an incomplete application, missing documents, or an eligibility question — you may be able to request a review or reapply once the underlying problem is addressed.
Why Legal Guidance Can Help With This Process
While it’s possible to apply for a record suspension without a lawyer, the process involves multiple government agencies, strict documentation requirements, and eligibility rules that aren’t always straightforward — particularly for older convictions, records spanning multiple provinces, or cases involving both indictable and summary offences. A lawyer familiar with the Criminal Records Act can help confirm eligibility upfront and avoid the kind of easily preventable errors that lead to delays or refusals.
Talk to a Toronto Criminal Defence Lawyer About Your Record
Whether you’re approaching your eligibility date or trying to understand your options for the future, getting clear advice early can save significant time and frustration.
N Sandhu Law is a Toronto criminal defence law firm with more than 25 years of experience guiding clients through every stage of the criminal justice system, including life after a conviction. Explore our full range of
criminal defence services to see how we can help.
FAQs
1. What’s the difference between a record suspension and a pardon?
They’re the same process. “Pardon” was the term used before 2012; “record suspension” is the current official term under the Criminal Records Act.
2. How long do I have to wait before applying?
5 years after completing your sentence for a summary offence, or 10 years for an indictable offence, measured from the date your entire sentence — including fines and probation — was completed.
3. How much does a record suspension cost?
The Parole Board of Canada application fee is $50, though total costs are typically higher once fingerprinting, court documents, and police record checks are factored in.
4. Does a record suspension delete my criminal record?
No. It seals the record from public view rather than destroying it. It can be reinstated if you’re convicted of a new offence.
5. Is everyone eligible for a record suspension?
No. People convicted of certain sexual offences against minors, or with more than three indictable convictions each carrying a sentence of two years or more, are generally ineligible.
6. How long does the application process take?
Roughly 6 months for summary conviction applications and 12 months for indictable conviction applications once your file is accepted as complete, though complex cases can take longer.
7. What if my application is denied?
You’ll receive written reasons from the Parole Board and may be able to request a review or reapply once the underlying issue is resolved.