Criminal records and pardons (record suspension)

Anyone who is 18 years of age or older and has been convicted of a criminal offence has a criminal record. If you have been convicted of a provincial offence - for example, a ticket under the Motor Vehicle Act, Liquor Control Act, or Protection of Property Act - you will not have a criminal record for that offence.

A criminal record is not a public document. Your neighbour or your boss cannot contact the police and find out if you have a criminal record. However, police, judges, crown prosecutors, border services officers, and other officials may see your criminal record. For example, police use criminal records when they are investigating crimes, and judges use the information when sentencing someone who has committed crimes in the past.

Also, sometimes you may be asked about your criminal record, or you may be asked to consent to provide a criminal record check or vulnerable sector check, such as if you are applying for a job or for some types of volunteer work, particularly those involving children or other vulnerable people.

Having a criminal record may seriously affect your ability to obtain employment or volunteer positions, and to travel internationally.

Visit the Canadian Police Information Centre ('CPIC') website at www.cpic-cipc.ca and the Canadian Criminal Real Time Identification Services website at www.rcmp-grc.gc.ca/cr-cj/ for more information about criminal records and criminal record or vulnerable sector checks.

If you get a record suspension the RCMP and any other federal agency or department that has a record of your conviction must keep your record separate from other criminal records. Once you have been given a record suspension, information about your conviction cannot be given out by the RCMP or other federal agencies without the approval of the Minister of Public Safety Canada.

Also, the Canadian Human Rights Act forbids federal agencies and departments from discriminating against a person who has a pardon or record suspension.

Yes. A record suspension will not erase your conviction.

Also, even if you receive a record suspension, you will still have a driving or firearms prohibition if there was one related your conviction. If you were convicted of a sexual offence and you get a record suspension, the record will be kept separate but will be flagged in the Canadian Police Information Centre (CPIC) computer system. This means you may be asked to consent to let your employer see your record if you want to work with children or other vulnerable persons.

You should also keep in mind that the RCMP and other federal agencies or departments must keep your record separate, municipal and provincial police services and courts do not have to do so, although most do.

Lastly, a pardon or record suspension will not guarantee you entry or visa privileges into another country, so if you are planning to travel abroad you should contact that country’s consulate or embassy to find out its policies regarding criminal records and pardons/record suspensions.

You will find more information about criminal records and international travel online at:

• RCMP Criminal Records: www.rcmp-grc.gc.ca
• Foreign Affairs & International Trade Canada – travel.gc.ca/

You have to wait a certain length of time after the completion of your sentence before you're allowed to apply for a record suspension.

Your sentence is complete when three things have happened:

1. You have paid all fines, surcharges, costs, restitutions and compensation in full; and
2. You have served all of your time, including jail, house arrest, parole and statutory release; and
3. You have satisfied your probation order conditions.

If you committed your first offence on or after March 13, 2012, once your sentence is complete you can apply for a record suspension after waiting:

• 5 years for a summary offence;
• 10 years for an indictable (more serious) offence.

As of March 13, 2012 a record suspension is not available if you were convicted of:

• sexual offences involving children, listed in a schedule to the Criminal Records Act. There are some limited exceptions;
• more than 3 offences where the Crown treated it as an indictable offence, and you were sentenced to jail for 2 years or more for each offence.

Go here to see the waiting periods for offences committed before March 13 2012.   Applications are assessed based on the date of the first offence.

Contact the Parole Board of Canada, or call their Record Suspension Info Line toll free at 1 800 874 2652 for further information.

No. If your record is an absolute or conditional discharge you do not need to apply for a record suspension. Discharges are automatically removed from the Canadian Police Information Centre (CPIC) system – 1 year after the court decision if you got an absolute discharge, and 3 years after you are discharged on conditions in a probation order (conditional discharge).

If you received a discharge before July 1992 you should contact the RCMP at rcmp-grc.gc.ca/en/managing-criminal-records under Absolute or Conditional Discharges. 

You do not need to apply for a record suspension if charges were dismissed, stayed or withdrawn. However, you may want to apply to have the non-conviction record destroyed.  The RCMP has information about non-conviction records and how to request destruction of non-conviction information at rcmp-grc.gc.ca/en/managing-criminal-records

You will have to complete an application form. You can get the application form and a free Record Suspension Application Guide from any parole board or RCMP office or by contacting the Parole Board of Canada toll free at 1-800-874-2652, or online at www.pbc-clcc.gc.ca.

If the Parole Board does not grant you a record suspension, you have a right to re-apply after one year.

There is a $50 processing fee for the application.

No, you do not need a lawyer or other representative to apply for a record suspension.

To get a record suspension application kit or help and information about record suspensions contact the Parole Board’s record suspension line toll free at 1-800-874-2652. Also, visit the Parole Board’s website at canada.ca/en/parole-board/services/record-suspensions.html

Other places that may help with information and form-filling for a record suspension:

• John Howard Society of Nova Scotia
• Elizabeth Fry Society (Mainland or Cape Breton)