Record Suspension
A record suspension — formerly called a pardon — is the legal process by which the Parole Board of Canada seals a Canadian criminal record from routine background checks. The mechanism is set out in the Criminal Records Act. The term "pardon" was replaced with "record suspension" in 2012, though many Canadians still use the older term.
What it does not do: erase or destroy the record (unlike the narrow expungement remedy available only for historically unjust convictions); affect the record's visibility to U.S. border authorities; lift any prohibition orders or court-imposed conditions; apply to vulnerable sector checks for many sexual offences (which remain visible); or override conditions of immigration inadmissibility — those operate under separate IRPA rules.
The Parole Board reviews each application individually. The applicant must demonstrate: conduct since completion of the sentence has been law-abiding; granting the suspension would provide a measurable benefit; and the suspension would not bring the administration of justice into disrepute.
What a record suspension does
A record suspension: seals the criminal record from the routine RCMP CPIC database accessed by police agencies in standard background checks; removes the record from most employment background checks and from the National Repository of Criminal Records; and restores the holder's reputation in the eyes of the law for most legal purposes.
Eligibility and waiting periods
Wait times to apply begin only after all sentences — including fines, surcharges, probation, and any periods of imprisonment — are fully completed: five years for offences prosecuted by summary conviction; ten years for offences prosecuted by indictment. Some offences are entirely ineligible for record suspension, including most sexual offences against minors and persons with three or more indictable convictions each carrying sentences of two years or more.
The application process
Applications are made to the Parole Board of Canada and require: RCMP fingerprints and certified record of convictions; court information for each conviction; proof of completion of all sentences; a measurable benefit statement explaining how the record suspension would benefit the applicant and contribute to their rehabilitation; application fee (approximately $658 as of recent years; subject to change); and local police record checks for each city of residence over the past five years.
Revocation and cessation
A record suspension can be revoked if the holder is later convicted of a new offence, ceases to be of good conduct, or is found to have made a misrepresentation in their application. Once revoked, the record returns to the routine database.
Why early defence strategy matters more than record suspension
Record suspension is a back-end remedy — by definition, it requires that a conviction already exist. Avoiding a conviction in the first place, through resolution outcomes such as a discharge, withdrawal, or peace bond, is almost always a better long-term outcome than relying on a future record suspension. The criminal lawyers at Mass Tsang LLP approach every case with that long-horizon view in mind. For more, see our blog posts on expungement and sealing of criminal records and on how criminal records work in Canada.
Related glossary terms
