Pardons: How long is a DUI on your record in Canada?

Pardons: How long is a DUI on your record in Canada?

Pardons: How long is a DUI on your record in Canada?
  • How long is a DUI on your record in Canada?
  • In Canada, DUIs are known as Impaired Driving by Alcohol or Drug, Over 80 and Refusal to Take a Breathalyzer Test.
  • Clients often ask us how long a DUI will stay on your record in Canada.
  • Here are 5 things you need to know.

1/  DUI on your record lasts at least 80 years

  • In Canada, when you get convicted of a DUI, your conviction will stay on your record for at least 80 years.
  • Practically, your DUI conviction will stay on your record for the rest of your life.
  • Some clients ask if their DUI conviction will be automatically removed if they stay out of trouble for an extended period of time.
  • And the answer is no.  
  • Your DUI conviction will stay on your record even if you stay out of trouble your entire life.

2/ DUI will show up on background checks

  • Background checks, also known as RCMP criminal record checks or local police checks, are very common today.
  • If you are applying for a job, a promotion, or volunteer work, you will likely be subject to a background check.
  • The same is true if you are travelling to the United States.  
  • United States Customs and Border Patrol Officers have access to the RCMP criminal records database.
  • And all background checks will reveal your DUI conviction.  
  • That may result in you losing a job, a promotion or being refused entry to the United States.

3/  Only way to remove DUI in Canada, get a DUI Pardon

  • The only way to clear your DUI record in Canada is to get a DUI Pardon, now called a Record Suspension.
  • When you get a DUI Pardon from the Parole Board of Canada, your DUI criminal record will be removed from the criminal record databases.
  • So, when someone does a criminal background check, your results will come back clean.
  • In other words, there will be no trace of your DUI conviction.

4/  Get a DUI Pardon as soon as you are eligible

  • Removing your DUI from your record will remove serious roadblocks for employment and travel and give you peace of mind.
  • There are strict rules for when you can apply for a DUI Pardon or Record Suspension in Canada.
  • Generally, you need to have completed your sentence, which includes paying all fines and then waiting.  
  • That waiting period can be 3, 5 or 10 years, depending on how the courts handled your DUI charge.
  • To get your DUI Pardon fast, you should start your DUI Pardon application at least 1-year before you are eligible.

5/  Even if you weren’t convicted, your DUI arrest will show on background checks

  • Most people don’t know that you still have a criminal record if you were arrested for a DUI but not convicted.
  • Your pictures, fingerprints and details of your DUI arrest still exist in the RCMP’s criminal records database.
  • Anyone conducting a background check will find out about your DUI arrest.
  • So your DUI arrest may prevent you from getting jobs, promotions, and volunteer work and prevent you from travelling to the United States.
  • The only way to remove traces of your DUI arrest is to get a File Destruction.
  • A File Destruction will purge your fingerprints, photographs, and other traces of your DUI arrest from the criminal records databases.
  • This will ensure a clean background check.
How long does a DUI stay on your record in Canada?

A DUI conviction remains on your criminal record for 80 years in Canada.

Is it possible to get a pardon for a DUI in Canada?

Yes, it is possible to obtain a pardon (also known as a record suspension) for a DUI conviction in Canada. The eligibility criteria for a pardon can vary depending on the circumstances of the offence and the individual's criminal history.

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Dan Joffe, Partner, NextLaw - US Waiver Services & DUI
Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!
Let's Ditch Your Criminal Record

Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!

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Dan Joffe, Pardon Lawyer

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.