If you’ve ever wondered how to get a pardon in Canada, you might be asking the wrong question. Canada no longer grants pardons for those convicted of criminal offences. Instead, those wishing to clear their criminal records must petition the Parole Board of Canada for a record suspension. Like pardons, which the government granted prior to 2012, record suspension in Canada seals the record. However, this does not represent official forgiveness of the crime. Official exoneration and permanent record destruction are only available through expungement, and record sealing provides neither.
Because expungement is only granted in exceptional circumstances involving historic unjust convictions, record suspension represents the best means for most Canadians to seal their criminal records. With decades of providing expert legal guidance in Ontario, the Toronto criminal lawyers of Mass Tsang offer you the following rundown on what you need to know about record suspension in Canada.
Governed by the Parole Board of Canada , a record suspension effectively seals a convicted criminal’s record from easy access. When the Board grants a suspension, the criminal record is removed from the Canadian Police Information Centre database and stored separately. Standard criminal record checks will not reveal the criminal record nor indicate the underlying conviction. However, police agencies can still access a person’s criminal record, especially those of former sexual offenders, because such information is flagged in a police database for vulnerable sector checks.
A record suspension:
A record suspension does not:
Criminal record suspension eligibility starts with the completion of all components of one’s sentence, including incarceration, parole, probation, and statutory release, and the payment of fines, surcharges, and restitution. After these are completed, candidates must undergo an eligibility waiting period during which they must demonstrate good conduct (no new convictions or criminal justice involvement). Eligibility waiting period duration varies according to conviction dates, which are:
The first step in applying for a record suspension in Canada is to confirm that you meet the eligibility requirements in terms of fulfilling the terms of your sentence, completing the subsequent required waiting period, and that the offence(s) committed are not ineligible for consideration. After this, you will need to:
The record suspension processing fee, which you include with your application, is $50. You may also have to pay other fees for fingerprinting, police checks, and court documents.
Processing times generally range from six months for summary conviction record suspensions to 12 months for indictable convictions. However, some reviews can take longer, especially if the Parole Board is facing backlogs.
A criminal record can have a significant impact on one’s employment, ability to travel, and immigration status, as such:
If you’re concerned that your criminal record is affecting employment, worried about travelling with a criminal record , or want to understand better how criminal charges affect immigration status , the Greater Toronto Area lawyers of Mass Tsang would be glad to discuss your situation with you.
You can learn more about our legal expertise in the GTA by contacting us 24/7 for a free consultation.
The term “pardon” in Canada was replaced with “record suspension” in 2012 as part of the Safe Streets and Communities Act. The change was made to deemphasize the apparent exoneration and erasure of the offence, yet ensure that the conviction no longer reflects adversely on a reformed person’s character. The legislation also increased the number and types of offences ineligible for suspension and lengthened the application eligibility waiting periods.
Those convicted of three or more indictable offences, each carrying custodial sentences of two or more years, are generally ineligible, as are those convicted of committing specific Schedule 1 offences involving children.
The granting of a record suspension — today’s official term for “pardon” — typically takes the Parole Board about six months for summary conviction offences and 12 months for indictable ones.
Yes. The Parole Board of Canada has complete discretion in determining whether granting a record suspension is appropriate. If the Board believes you have not demonstrated good conduct since completing your sentence, or that you may have supplied false or misleading information, it may deny the application. For certain offences, the Board may determine that granting a record suspension would undermine the public’s confidence in the justice system.
