Having a criminal record can create significant obstacles in many areas of life, including employment, housing, and travel. For individuals who have completed their sentences and demonstrated positive behaviour, a record suspension offers an opportunity to set aside previous convictions and move forward.
What Is a Record Suspension?
A record suspension, previously called a pardon, is a legal remedy under the Criminal Records Act (CRA). It allows individuals with criminal convictions to have their record set apart from other criminal records, ensuring that it does not appear in standard criminal background checks. This process is designed to assist individuals in reintegrating into society and improving their personal and professional prospects.
Advantages of a Record Suspension
A record suspension offers several tangible benefits:
- Enhanced Employment Prospects: Many employers conduct background checks, and a record suspension ensures that past convictions do not hinder job opportunities.
- Eligibility for Volunteer Positions: Those wishing to volunteer for roles requiring a clear record can apply with confidence after obtaining a record suspension.
- Facilitated Travel: Although it does not guarantee entry to all countries, a record suspension may increase the likelihood of securing travel permissions.
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Limitations of a Record Suspension
While record suspensions are valuable, they come with certain limitations:
- A suspension does not erase a conviction but sets it apart in the Canadian Police Information Centre (CPIC) database.
- Sexual offences involving children may still appear during vulnerable sector checks.
- It does not influence driving or weapon prohibition orders or guarantee international travel permissions.
- A record suspension can be revoked if:
- You are convicted of another offence.
- You fail to maintain good conduct.
- Misleading or false information was provided during the application.
Provincial and Municipal Records
Although federal records are affected by a record suspension, provincial and municipal agencies may maintain separate records. Individuals may need to contact local authorities to ensure these records are also appropriately addressed.
Who Is Eligible for a Record Suspension?
No Suspension Required
Certain individuals do not need a record suspension:
- Those who received an absolute discharge (automatically removed after one year) or a conditional discharge (automatically removed after three years).
- Those convicted as youth offenders, provided sufficient time has passed under the Youth Criminal Justice Act or the Young Offenders Act.
Eligibility Criteria
You may qualify for a record suspension if:
- You were convicted of a criminal offence under a federal act or regulation in Canada.
- You were convicted of an offence abroad and transferred to Canada under the Transfer of Offenders Act or the International Transfer of Offenders Act.
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Ineligibility Criteria
You may not be eligible if:
- You were convicted of a Schedule 1 offence (sexual offences involving children) unless specific exceptions are satisfied.
- You were convicted of more than three indictable offences, each resulting in a prison sentence of two years or more.
Requirements for a Record Suspension
To apply for a record suspension, you must have fully completed your sentence, including:
- Paying all fines, surcharges, restitution, and compensation orders.
- Serving all sentences, including imprisonment, parole, and conditional sentences.
- Completing any probationary periods.
Waiting Periods
The waiting period for a record suspension begins after all sentences are complete. It varies depending on when the offence was committed:
- Before June 29, 2010:
- 5 years for indictable offences.
- 3 years for summary offences.
- Between June 29, 2010, and March 12, 2012:
- 10 years for serious personal injury offences or Schedule 1 offences prosecuted by indictment.
- 5 years for other indictable offences.
- 3 years for summary offences.
- On or after March 13, 2012:
- 10 years for indictable offences.
- 5 years for summary offences.
How to Apply for a Record Suspension
The application process for a record suspension involves multiple steps. While it is possible to apply independently, seeking legal advice can help minimize errors and expedite the process.
Steps to Apply:
- Obtain Criminal Records and Court Documents: Request a copy of your record from the RCMP and collect court documents for all offences.
- Complete Local Police Record Checks: Gather police checks for every location where you have lived in the past five years.
- Verify Eligibility: Ensure you meet all waiting periods and sentence completion requirements.
- Prepare the Application Package: Accurately complete all forms, including the Measurable Benefit/Sustained Rehabilitation Form.
- Submit the Application: Send your application to the Parole Board of Canada (PBC), along with the required fee and supporting documentation.
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