A record suspension, still commonly called a pardon, is the federal process that sets a criminal record aside once the requirements of the Criminal Records Act are met. This guide explains eligibility, waiting periods, costs, and the application process.
Disclaimer: This article reflects general legal information based on Canadian law as of 2026. It is not legal advice. Every case is unique, and you should consult a qualified criminal defence lawyer about your specific situation.
Key Facts
- Pardon is the older term. The modern legal term for the same process is record suspension.
- Depending on when your first offence occurred and the applicable legal regime, the waiting period may be three, five, or ten years, and the classification and circumstances of the offence can also affect which period applies.
- The application fee is $50, paid directly to the Parole Board of Canada.
- No lawyer is legally required to apply, but the paperwork is easy to get wrong.
What Is a Record Suspension?
Record Suspension vs. Pardon: Terminology Explained
Pardon is the older term; record suspension is the current legal term. Because eligibility rules changed in stages in 2010 and 2012, older offences can be governed by different rules, covered in detail below.
What a Record Suspension Does
A record suspension keeps a criminal record separate and apart from other criminal records held in federal systems. It removes the record from the Canadian Police Information Centre database, so an ordinary CPIC search will not show that the person has a criminal record or a suspension.
What a Record Suspension Does Not Do
A record suspension sets a record aside rather than erasing it. It can later be revoked, or cease to have effect, in circumstances set out in the Criminal Records Act, including certain new convictions, a finding that the person is no longer of good conduct, false or misleading information in the application, or a finding that the person was not eligible when it was ordered. It does not necessarily prevent disclosure where legislation permits disclosure during certain vulnerable sector checks, which exist for roles involving contact with children or other vulnerable people. This is different from an expungement, a much narrower process explained further below. A Canadian record suspension does not guarantee entry into the United States. Depending on the conviction and U.S. admissibility rules, a person may need separate U.S. immigration advice or authorization before travelling.
How a Record Suspension Can Affect Employment Rights in Ontario
Under the Ontario Human Rights Code, "record of offences" is a protected ground in employment and includes certain convictions for which a pardon has been granted and not revoked. Where the protection applies, an employer generally cannot discriminate because of that conviction unless it can establish a reasonable and bona fide qualification for the position.
Who Does NOT Need a Record Suspension?
Discharges, youth records, and qualifying simple cannabis-possession convictions are handled differently from ordinary record-suspension applications. These are explained in the FAQ below.
Who Is Eligible for a Record Suspension?
Eligibility for Summary and Indictable Offences
For most people whose first offence occurred on or after March 13, 2012, the modern regime applies: five years for a summary offence, ten years for an indictable one, subject to the eligibility restrictions below and the historical regimes covered in the waiting periods section.
Offences and Conviction Histories That Can Make You Ineligible
Under the current regime, certain convictions and conviction histories can make a person ineligible. Schedule 1 convictions require particular care: the Parole Board's current application instructions require the Schedule 1 exception process where the applicant has a Schedule 1 conviction and their first offence occurred on or after March 13, 2012, or where the Schedule 1 offence itself occurred on or after that date. Schedule 1 covers specified sexual offences involving a child, subject to a statutory exception. To qualify, the Board must be satisfied that the applicant was not in a position of trust or authority toward the victim and that the victim was not in a relationship of dependency with the applicant; that the applicant did not use, threaten to use, or attempt to use violence, intimidation, or coercion in relation to the victim; and that the applicant was less than five years older than the victim. Ineligibility also results from more than three offences where each was either prosecuted by indictment or was a qualifying service offence, and where the person was sentenced to imprisonment for two years or more for each offence. Older offence histories can be governed by different eligibility rules, particularly where convictions span more than one legislative regime. Completing the waiting period does not necessarily end the assessment, either. The Board must be satisfied that, during the waiting period, the applicant was of good conduct and was not convicted of an offence under an Act of Parliament. For indictable offences and certain service offences, the Board must additionally be satisfied that a suspension would provide a measurable benefit, sustain rehabilitation as a law-abiding citizen, and not bring the administration of justice into disrepute, considering the nature, gravity and duration of the offence, the circumstances surrounding it, and the applicant's criminal history.
Waiting Periods Before You Can Apply
The waiting period depends heavily on when the offences occurred. For applicants with offences falling entirely within one legislative period, the date of the first offence generally identifies the applicable regime. Where multiple convictions span different legislative schemes, current Parole Board policy provides that the application is processed under the least restrictive scheme available to the applicant.
| First Offence Date | Summary Offences | Indictable Offences |
|---|---|---|
| Before June 29, 2010 | 3 years | 5 years |
| June 29, 2010 to March 12, 2012 | 3 or 5 years, depending on the offence | 5 or 10 years, depending on the offence |
| On or after March 13, 2012 | 5 years | 10 years |
For first offences committed between June 29, 2010 and March 12, 2012, the rules are more specific than a simple range. A ten-year period applies to a serious personal injury offence, including manslaughter, where the applicant received a prison sentence of two years or more, and to a Schedule 1 offence prosecuted by indictment. A five-year period applies to other indictable offences and to Schedule 1 offences punishable on summary conviction. Other summary-conviction offences generally carry a three-year period.
How the Waiting Period Is Calculated
The waiting period begins only once the sentence has actually been completed. Depending on the case, this can include imprisonment or a conditional sentence, parole or statutory release, probation, and full payment of any fines, surcharges, costs, restitution, or compensation orders. There is one specific exception worth knowing: a victim surcharge imposed between October 24, 2013 and December 13, 2018 is not considered when determining record-suspension eligibility. A driving or weapons prohibition order does not necessarily have to expire before the waiting period begins. However, time spent under a long-term supervision order does not count toward the record-suspension waiting period.
The Application Process Step by Step
Gathering Required Documents
Applicants generally need an RCMP certified criminal record, Court Information Forms for each case, and local police records checks for the current address and every place lived for three months or more during the last five years. Police checks are valid for twelve months. Some applicants with Canadian Armed Forces records also need a Military Conduct Sheet.
Submitting the Application to the Parole Board of Canada
The full package also needs a photocopy of valid government ID and a completed Record Suspension Application Form, which is itself only valid for twelve months from the date signed. Depending on the application, a Measurable Benefit and Sustained Rehabilitation Form explaining how a suspension would help may also be required. The $50 fee can be paid by credit card using the Board's Processing Fee Form, or by certified cheque, money order, or bank draft payable to the Receiver General for Canada. Everything gets mailed to the Parole Board of Canada's Clemency and Record Suspension Division in Ottawa.
What Happens After You Apply
Once accepted as eligible and complete, the application is assessed against the criteria that apply under the relevant legislative regime. The Board assesses good conduct and, where the applicable law requires it, the additional criteria concerning measurable benefit, sustained rehabilitation, and the administration of justice.
Fees and Processing Times
Typical Processing Timelines
Once an application is accepted as eligible and complete, the Parole Board aims to process applications involving offences tried summarily within six months and applications involving offences tried by indictment within twelve months. These are service standards, not guaranteed completion dates. Applications in which the Board proposes to refuse a record suspension may require up to 24 months because the applicant must be notified and given an opportunity to make representations.
Why the Total Timeline Runs Longer Than the Official Standard
The six- and twelve-month service standards begin only once the application is accepted as eligible and complete. Gathering fingerprints, court records, and police checks can add additional time before that point.
Record Suspension vs. Other Legal Remedies
Record Suspension vs. Expungement
A record suspension sets a record aside without deleting it. Expungement, by contrast, destroys or permanently removes eligible historical convictions from federal repositories, available only for a specific, expanding list including consensual same-sex activity, bawdy house and related indecency offences, and certain historical abortion-related offences. Provincial, territorial, and municipal authorities are notified but not legally bound to follow suit.
Record Suspension vs. U.S. Entry Waivers
A record suspension has no binding effect on American border decisions. Addressing U.S. inadmissibility generally requires separate immigration advice, and in some cases a waiver, handled by American authorities rather than the Parole Board of Canada.
Comparison Table
| Record Suspension | Expungement | U.S. Entry Waiver | |
|---|---|---|---|
| Who grants it | Parole Board of Canada | Parole Board of Canada, under the Expungement Act | U.S. immigration authorities |
| Effect | Sets the record aside | Destroys judicial records from federal repositories; provincial/municipal authorities notified, not bound | May permit admission despite an applicable ground of inadmissibility |
| Cost | $50 | No fee | Separate U.S. process |
Common Reasons for Refusal or Revocation
Incomplete or Inaccurate Applications
Missing or expired documentation can cause an application to be returned before it is assessed. The deficiencies can generally be corrected and the application resubmitted.
New Offences During the Waiting Period
A new offence or conviction does not have one single automatic effect. Depending on whether it is a charge or a conviction, whether it is summary or indictable, when it happened, and what sentence was imposed, it can delay eligibility, affect how the Board assesses good conduct, or cause an existing record suspension to be revoked or cease to have effect.
Other Grounds for Refusal or Revocation
An application can be refused if the Board finds the person no longer meets the good conduct standard, or if false or incomplete information was provided. A suspension already granted can also be revoked, or cease to have effect, for similar reasons, including a new conviction. It matters which happened to you, and these three outcomes sound similar but are legally different.
| Returned | Refused | Revoked or Ceased | |
|---|---|---|---|
| What it means | An application-completeness problem, not a decision on the merits | The Board made a substantive decision after reviewing the application | A suspension already granted is undone after the fact |
| What happens next | Fix the issue and resubmit right away, no wait attached | Bars reapplying until one year has passed | Depends on the specific reason; worth discussing directly |
Applying Yourself vs. Hiring a Lawyer
Risks of a DIY Application
The Parole Board of Canada states directly that no lawyer or third party service is required. It also says plainly that using a paid service does not give an application any special status, faster processing, or a guaranteed result. That said, incomplete or missing information can still get an application returned or delayed. Court and police documents specifically need the required signatures, dates, and official seals or stamps, and the current version of every form has to be used.
How Sanctuary Lawyers Can Help
The harder part is determining which eligibility rules actually apply to your record, especially where the date of a first offence, multiple convictions, a Schedule 1 concern, or a prior refusal is involved, and making sure the application is complete before it reaches the Board. We can review your eligibility, work out which waiting period genuinely applies to your specific offence history, and help prepare and review the application for completeness before it is submitted. If you are unsure whether you already qualify, a free consultation is the easiest way to find out.
Frequently Asked Questions About Record Suspensions in Canada
Below are answers to common questions that can come up before or after applying for a record suspension.
Will a record suspension let me travel to the United States without any issue?+
Not automatically. Depending on the conviction and U.S. admissibility rules, you may need separate U.S. immigration advice or a waiver.
What happens if my application gets refused?+
The Board must notify you in writing and give you a chance to respond first. A returned incomplete application can generally be fixed and resubmitted right away; a formal refusal requires a one-year wait before reapplying.
I only have a discharge or a youth record. Do I need a record suspension?+
Generally, no. For a discharge received on or after July 24, 1992, the RCMP automatically removes it from the database, one year later for an absolute discharge and three years later for a conditional one; older discharges need a separate request. Most youth records under the Youth Criminal Justice Act are also handled separately and are usually sealed or destroyed after a set period, without a Parole Board application. It is still worth confirming your specific record, since not every case is treated the same way.
My only conviction was for simple cannabis possession. Does the usual process apply to me?+
Not necessarily. If simple possession of cannabis is your only conviction, you may qualify for a separate, faster process with no application fee and no waiting period. You can generally apply even with unpaid fines or victim surcharges tied to that specific conviction, provided the rest of the sentence has been completed. If you have other convictions as well, this expedited process is not available, but a useful rule still applies: the cannabis conviction itself is excluded from the regular waiting-period calculation and is not considered when the Board assesses the rest of your application.
Do professional licensing bodies see a suspended record?+
It depends on the profession and regulator, since some operate independently of a federal record suspension. If your work requires a professional licence, confirm directly with your regulator how a suspension affects your specific situation.
