record suspension and pardons in canada 2022 - 5 things to know

Record Suspension Canada – 5 Things You Need to Know

Record Suspension Canada – 5 Things You Need to Know
  • In this article, I cover 5 things you need about Record Suspensions in Canada.

1/ What is a record suspension?

  • A record suspension hides your criminal record from the public.
  • So when someone conducts a background check on you, there will be no traces of your criminal activity.
  • The Parole Board of Canada grants record suspensions.
  • And the rules regarding record suspensions are defined by a federal law called the Criminal Records Act.

2/ Is a record suspension the same as a pardon?

  • Practically, yes.  
  • In March 2012, the Canadian government changed the name of a pardon to a record suspension.
  • While there are technical differences, a record suspension and pardon have the same impact: removing your criminal record from public viewing.
  • That means removing all the obstacles you faced due to your criminal record.

3/ What happens when you get a record suspension or pardon?

  • Getting a record suspension or pardon means that your criminal record is removed from the criminal records database, known as CPIC, which is controlled by the RCMP.
  • As a result, your criminal record is hidden from the public.
  • That means you can apply for a job or go to the United States with confidence that no record of your criminal activity can be found.

4/ What do you need for a record suspension or pardon in Canada?

  • To get a record suspension or pardon, you must apply to the Parole Board of Canada.
  • There are specific rules about eligibility and when you can apply.
  • Generally, you must have completed your sentence in full, including paying all fines.
  • Then you need to wait a period of time.
  • And finally, you need to demonstrate that you are a law-abiding citizen.

5/ How long does a record suspension or pardon take?

  • You need to think about timing in 2 stages.
  • The first stage is the time it takes to prepare your Record Suspension or Pardon application.
  • This stage can take anywhere from 3 months to 1 year.
  • And the second stage is the time it takes for the Parole Board of Canada to process your application.
  • For less serious summary offences, it takes up to 6 months.
  • It takes up to 12 months to get your Pardon or Record Suspension for more serious indictable offences.
What is a record suspension in Canada?

A record suspension in Canada is a formal legal process that seals a person's criminal record, making it inaccessible to employers, organizations and other entities that conduct background checks.

Who is eligible for a record suspension in Canada?

In order to be eligible for a record suspension in Canada, an individual must have completed all terms of their sentence, including any probation or parole, and must not have any charges or investigations pending against them. There are also waiting periods that must be met, which vary based on the type and severity of the offence. To determine eligibility, it's recommended to consult a licensed legal professional.

Canada’s How Fast Can I Get a Pardon Test™
In 30-seconds, learn how quickly you can get a Criminal Pardon / Record Suspension in Canada.
Let's Ditch Your Criminal Record
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!

5.0
782 Reviews
5
782
4
0
3
0
2
0
1
0
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.

Canada’s How Fast Can I Get a Pardon Test™

In 30-seconds, learn how quickly you can get a Criminal Pardon / Record Suspension in Canada.

Pardon / Record Suspension Articles
Share this Post
Disclaimer

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.