In Canada, the legal consequences of a criminal conviction do not end upon completion of a sentence. Even after fines are paid, probation is finished, or incarceration ends, the resulting criminal record may continue to affect an individual for decades. This record can limit employment opportunities, restrict international travel, complicate immigration or residency matters, affect child custody or adoption proceedings, and create barriers to professional licensing and volunteer work.
For many individuals — particularly first-time or low-level offenders — the existence of a criminal record can be more punitive than the sentence imposed by the court itself. As a result, Canadians frequently ask whether a criminal record can be erased, sealed, or otherwise removed from public view.
This article provides a comprehensive legal analysis of how criminal records function in Canada, the distinction between record suspension (sealing) and expungement, and what remedies are realistically available under current federal law. All explanations are grounded in the Criminal Code of Canada, the Criminal Records Act, the Expungement of Historically Unjust Convictions Act, and related legislation.
A criminal record is created when a person is convicted of an offence under federal law, most commonly under the Criminal Code of Canada . Once a conviction is registered, identifying information and conviction details are transmitted to the Royal Canadian Mounted Police , which manages Canada’s national criminal record repository through the Canadian Police Information Centre (CPIC).
Under federal policy, criminal records stored in CPIC are retained until the individual reaches the age of 80, unless the record is lawfully sealed or destroyed.
Criminal records in Canada are not fully public, but they are far from private in practice.
Under Ontario’s Police Record Checks Reform Act , police services are generally prohibited from disclosing criminal record information without the individual’s written consent. However, consent-based disclosure is commonly required in real-world situations, including:
As a result, individuals with criminal records are often effectively compelled to authorize disclosure, making the record a persistent barrier long after the sentence is complete.
“Although criminal records are not openly accessible, the requirement to provide consent means they often function as permanent obstacles in everyday life,”
— Heather Spence, Criminal Defence Lawyer & Partner
A criminal record is not automatically erased, but Canadian law provides several mechanisms that may either prevent its creation or limit its impact.
There are four legally distinct outcomes following criminal charges:
Each operates under a different statutory framework and produces very different long-term consequences.
Under section 730 of the Criminal Code , a judge may grant a discharge instead of entering a conviction if it is in the best interests of the accused and not contrary to the public interest.
Discharges are commonly granted to first-time or low-risk offenders where a permanent criminal record would be disproportionate.
The term pardon is no longer used in Canadian law. The correct legal mechanism is a record suspension under the Criminal Records Act .
A record suspension:
| Type of Offence | Waiting Period |
|---|---|
| Summary offence | 5 years |
| Indictable offence | 10 years |
The waiting period begins only after all sentences, fines, surcharges, and probation conditions are fully completed.
Applications are submitted to the Parole Board of Canada, which exercises discretion in granting or denying record suspensions.
“A record suspension is not automatic. The quality and accuracy of the application matter greatly.”
— Robbie Tsang, Criminal Defence Lawyer & Managing Partner
Applicants must provide extensive documentation, including:
The Parole Board must be satisfied that the applicant has demonstrated sustained law-abiding behaviour and that granting the suspension would support rehabilitation.
A record suspension does not eliminate the conviction. Instead, it separates the record from active databases used for background checks.
Key limitations:
As such, a record suspension should be understood as restricted access, not erasure.
Expungement is governed by the Expungement of Historically Unjust Convictions Act .
Unlike record suspension, expungement:
However, expungement is extremely limited and applies only to convictions that are now recognized as fundamentally unjust.
Eligible offences are primarily those that criminalize consensual sexual activity or reproductive autonomy, including:
These offences would not constitute crimes under modern Canadian law, which is the legal basis for expungement.
Despite cannabis legalization, cannabis-related convictions are not eligible for expungement.
Instead:
More serious cannabis offences remain subject to standard waiting periods.
| Feature | Record Suspension | Expungement |
|---|---|---|
| Record destroyed | No | Yes |
| Availability | Most offences | Very limited |
| Governing statute | Criminal Records Act | Expungement Act |
| Reversible | Yes | No |
Post-conviction remedies are limited, time-consuming, and uncertain. By contrast, early legal defence can prevent a criminal record from forming in the first place.
Effective defence strategies may result in:
“Once a conviction is registered, every solution becomes slower, more expensive, and less predictable.”
— Jeff Mass, Criminal Defence Lawyer
The Greater Toronto Area criminal defence lawyers at Mass Tsang have decades of experience defending serious and non-serious criminal charges. Their strategic approach has helped thousands of clients avoid permanent criminal records through early intervention, negotiation, and trial advocacy.
When criminal charges threaten your future, timing and strategy matter.
Contact Mass Tsang today for a confidential consultation.
In most cases, no. Canadian law does not allow routine expungement of criminal records. Most individuals must rely on a record suspension, which seals the record but does not destroy it.
A record suspension seals a criminal record and removes it from routine background checks, but the record still exists. Expungement permanently destroys the record and treats the conviction as if it never occurred, but it is available only for a very limited category of historically unjust convictions.
If no discharge, record suspension, or expungement applies, a criminal record may remain in the national RCMP database until the individual reaches 80 years of age.
For summary offences, a person may apply after five years. For indictable offences, the waiting period is ten years. All sentences, fines, surcharges, and probation conditions must be fully completed before applying.
No. A record suspension restricts access to the criminal record but does not delete it. The record may still be disclosed by court order or revoked if new offences are committed.
No. Cannabis convictions are not eligible for expungement. However, convictions for simple possession may qualify for a record suspension with no waiting period or application fee.
