Criminal Record Pardons and Record Suspensions in Canada: A Complete Guide

A criminal record follows you long after your sentence is over. It appears on background checks, blocks employment opportunities, restricts international travel, and prevents you from volunteering at your child’s school. For many people, the consequences of a criminal record are more punishing than the original sentence ever was.

The good news is that Canadian law provides a path to move forward. Through a record suspension — formerly known as a pardon — you can have your criminal record sealed and separated from the main CPIC database, effectively removing it from standard background checks. The process is not fast, and it is not automatic, but for those who qualify, it can be life-changing.

This guide explains everything you need to know about pardons and record suspensions in Canada, including eligibility, the application process, costs, timelines, and what a record suspension actually does — and does not do — for your future. If you have recently been charged or convicted and want to understand how the outcome of your case will affect your long-term record, contact our team to discuss your options.

Pardons vs. Record Suspensions: What Changed in 2012

The terms “pardon” and “record suspension” refer to the same legal mechanism, but the name changed in 2012 when the Harper government enacted the Safe Streets and Communities Act. Before March 2012, the Parole Board of Canada granted pardons under the Criminal Records Act. After the legislative changes took effect, the process was rebranded as a record suspension.

The name change was not merely cosmetic. The 2012 amendments also:

• Increased the waiting periods before a person could apply
• Raised the application fee significantly
• Expanded the list of ineligible offences, particularly for sexual offences against children
• Changed the standard from a right-based entitlement to a discretionary decision based on whether the applicant would bring the administration of justice into disrepute

In practical terms, if you received a pardon before 2012, it remains valid. If you are applying today, you are applying for a record suspension, but the effect is functionally the same: your criminal record is sealed and set apart from the records of people who have not received a suspension.

Who Is Eligible for a Record Suspension

Eligibility depends on two primary factors: the type of offence you were convicted of and how much time has passed since you completed your entire sentence.

Waiting Periods

The clock does not start running on the date you were convicted or even the date you were released from custody. It starts on the date you completed your entire sentence, which includes:

• Custody (jail or prison time)
• Probation
• Conditional sentences
• Payment of all fines, surcharges, and restitution orders
• Completion of any court-ordered programs

Once your sentence is fully complete, the waiting periods are:

• 5 years for summary conviction offences
• 10 years for indictable offences

If you are unsure whether your offence was prosecuted as a summary conviction or an indictable offence, a criminal defence lawyer can help you determine this. The distinction matters significantly — not just for record suspension eligibility, but for how your case is handled at every stage.

Offences That Are Permanently Ineligible

Certain convictions can never be suspended, regardless of how much time has passed or how rehabilitated the applicant may be. These include:

• Sexual offences involving a minor — Any offence under Schedule 1 of the Criminal Records Act that involved a victim under 18 at the time of the offence, including sexual assault, sexual interference, invitation to sexual touching, luring, and child pornography offences
• More than three indictable offences, each with a sentence of two or more years of imprisonment — If you have been convicted of three or more separate indictable offences and received a penitentiary sentence (two years or more) for each one, you are permanently ineligible

These restrictions were tightened under the 2012 amendments. Prior to the changes, the waiting period for sexual offences involving minors was longer but not a permanent bar.

Additional Eligibility Requirements

Beyond the waiting periods and ineligibility rules, the Parole Board also requires that you:

• Have no new criminal convictions during the waiting period
• Are not currently charged with a criminal offence
• Have demonstrated that you are of good conduct and have been law-abiding since completing your sentence

The Application Process

Applying for a record suspension is a multi-step, paper-intensive process administered by the Parole Board of Canada (PBC). There is no shortcut, and incomplete applications are returned without processing.

Step 1: Obtain Your Criminal Record

You need a certified copy of your criminal record from the RCMP. This is called a Criminal Record Check (not a vulnerable sector check), and it must be requested through the RCMP’s Canadian Criminal Real Time Identification Services. You will need to submit your fingerprints to obtain this document.

Step 2: Gather Court Documents

For every conviction on your record, you need to obtain the court information, including the original charges, the disposition, and the sentence imposed. These documents are obtained from the courthouse where each conviction was entered. If your convictions span multiple jurisdictions, you will need to contact multiple courthouses.

Step 3: Obtain Local Police Records Checks

You need a police records check from every jurisdiction where you have lived over the past five years. If you have lived in Barrie and then moved to Toronto, for example, you will need checks from both Barrie Police Service and Toronto Police Service.

Step 4: Prepare Measurable Benefit and Sustained Rehabilitation Statements

The PBC requires you to demonstrate that a record suspension would provide you with a measurable benefit and that you have been rehabilitated. These are written statements explaining how the criminal record has affected your life and what you have done to demonstrate that you are a law-abiding citizen.

This is not a formality. The Parole Board reviews these statements carefully, and weak or poorly prepared submissions can result in a denial. Many applicants find this to be the most challenging part of the process.

Step 5: Submit the Application and Fee

Once all documents are assembled, you submit the completed application package to the Parole Board of Canada along with the application fee of $50.00. This fee was reduced from $657.77 in 2022, a change that made the process significantly more accessible.

How Long Does a Record Suspension Take?

The Parole Board’s published service standard is six months from the date they receive a complete application. In practice, processing times vary and can extend well beyond that, particularly if the PBC requests additional information or if there are complications with your file.

The total time from the moment you begin gathering documents to the date you receive a decision can easily be 12 to 18 months or more, depending on how quickly you can assemble the required paperwork and how many convictions or jurisdictions are involved.

What a Record Suspension Actually Does

This is where many people have misconceptions. A record suspension does not erase, destroy, or delete your criminal record. Here is what actually happens:

What It Does

• Seals your record — Your criminal record is pulled from the active CPIC (Canadian Police Information Centre) database and stored separately. It will not appear on standard criminal record checks.
• Removes barriers to employment — Employers conducting standard background checks will not see your conviction. Under the Canadian Human Rights Act, it is also illegal to discriminate against a person who has received a record suspension.
• Restores travel options — A sealed record generally removes barriers to entering countries that screen for criminal history, though each country applies its own rules (the United States, in particular, maintains its own records and may still deny entry even after a Canadian record suspension).
• Allows volunteering — You can pass the background checks required to volunteer with schools, sports leagues, and community organizations.

What It Does Not Do

• It does not destroy the record — The record still exists; it is simply stored separately and is not disclosed in most circumstances.
• It can be revoked — If you are convicted of a new offence, the Parole Board can revoke the suspension and unseal your record. For indictable offences, revocation is automatic.
• It does not affect foreign databases — The FBI and U.S. Customs and Border Protection maintain their own records. If your conviction was ever entered into an American database, a Canadian record suspension will not remove it.
• Vulnerable sector checks may still flag it — For certain sexual offences, even a suspended record may be flagged during enhanced background checks conducted for positions of trust involving children or vulnerable persons.

Section 730 Discharges: An Alternative to a Criminal Record

For people who have not yet been sentenced, there is another path worth understanding: the discharge under section 730 of the Criminal Code.

A discharge means that although you were found guilty (or pleaded guilty), you are not convicted. The court enters a finding of guilt but does not register a conviction. There are two types:

Absolute Discharge

An absolute discharge takes effect immediately. There is no probation, no conditions, and no follow-up. You walk out of the courtroom without a criminal conviction. Your record of the discharge is automatically removed from the CPIC database one year after the date of the discharge.

Conditional Discharge

A conditional discharge comes with a period of probation, during which you must comply with whatever conditions the court imposes (such as community service, counselling, or keeping the peace). Once probation is successfully completed, the discharge becomes absolute. The record is removed from CPIC three years after the date of the discharge.

Why Discharges Matter

For first-time offenders facing less serious charges, a discharge is often the best possible outcome. Unlike a record suspension, which requires years of waiting and a formal application, a discharge results in the automatic removal of the record after the prescribed period.

This is one of the many reasons why having a criminal defence lawyer involved in your case from the beginning is so important. The difference between a conviction with a record suspension years down the road and a discharge that clears automatically can come down to how the case is presented to the Crown and the court. If you are wondering whether you need a lawyer, the answer is almost always yes — particularly when your long-term record is at stake.

Discharges are not available for all offences. They cannot be granted for offences that carry a mandatory minimum sentence or a maximum sentence of 14 years or life imprisonment.

The Practical Impact of a Criminal Record

To understand why record suspensions and discharges matter so much, it helps to understand what a criminal record actually does to a person’s daily life.

Employment

Most employers in Ontario conduct criminal background checks as a condition of hiring. A record does not just block you from law enforcement or government jobs — it can prevent you from working in healthcare, education, finance, transportation, security, and any field that requires bonding or licensing. Many people discover that the career they were building before their conviction is no longer open to them.

Travel

The United States denies entry to anyone with a criminal conviction, including seemingly minor offences like impaired driving. Other countries, including Australia and the United Kingdom, also screen for criminal records at the visa stage. A record suspension can help restore freedom of movement, though it is not a guarantee — particularly for U.S. travel.

Volunteering and Community Life

Want to coach your child’s hockey team? Volunteer at the school? Sit on a community board? All of these typically require a criminal record check. A record that might seem minor to you — a theft conviction from a decade ago, for example — can be enough to disqualify you.

Housing and Insurance

Landlords increasingly request background checks, and certain convictions can affect your ability to obtain insurance. A sealed record removes these barriers.

Should You Hire a Lawyer to Help With a Record Suspension?

The record suspension application process is administrative, not court-based, and many people do complete it on their own. However, there are situations where legal assistance is particularly valuable:

• You have multiple convictions across different jurisdictions
• You are unsure whether all of your sentence obligations have been completed (outstanding fines, restitution, or surcharges can disqualify you without your knowledge)
• You need help preparing the measurable benefit and rehabilitation statements
• Your application has been denied and you want to understand your options
• You want advice on whether a discharge might be available as part of an ongoing case

A criminal defence lawyer can also help you understand whether your offence falls into one of the permanently ineligible categories, or whether the waiting period has actually elapsed — something that is not always straightforward when sentences included probation or conditional components.

Take the First Step Toward Clearing Your Record

If you have a criminal record and the waiting period has passed — or if you are currently facing charges and want to understand how the outcome will affect your future — the team at Mor Fisher LLP in Barrie, Ontario is here to help. We assist clients across the region with understanding their options for record suspensions, discharges, and building the strongest possible case for a clean record.

Call us today at 705-252-2828 or contact us online to schedule a consultation. The sooner you act, the sooner you can put your record behind you.