How to Get a Pardon in Canada (Record Suspension): A Plain Guide

A pardon in Canada is now called a record suspension. It’s granted by the Parole Board of Canada under the Criminal Records Act, and once ordered, your criminal record is kept separate and apart from other criminal records in the national police database, so it generally won’t appear on a standard criminal record check. You can apply once you’ve completed every part of your sentence and waited the required period, which depends on whether the conviction was for a summary or indictable offense.

A record suspension doesn’t erase a record, and it doesn’t bind every country or every kind of check. This guide covers eligibility, the application, what the suspension does, and its limits. It’s general information, not legal advice. For anything unusual, such as convictions in several provinces, military records or immigration issues, speak to a lawyer or a legal clinic.

Pardon or record suspension: what’s the difference?

Federal changes in 2012 replaced the word “pardon” with “record suspension” and tightened the rules. People still search for a “pardon,” and the effect for most purposes is similar: the record is set aside rather than destroyed.

Pardons granted under the older rules generally remain in effect. If you received one years ago, you don’t need to reapply, although a pardon, like a record suspension, can be revoked or cease to have effect in certain circumstances, including a later conviction.

A record suspension is also different from the US idea of expungement, where a court may order records destroyed or sealed. Our guide on getting a record expunged explains the US process, which is a court process rather than an application to a board.

Who can apply

Eligibility turns on three things: the type of conviction, whether your sentence is complete, and how long you’ve waited since.

Completing your sentence

Your waiting period only starts once every part of your sentence is finished. That generally includes:

• any time in custody, parole or statutory release,
• probation,
• fines, victim surcharges, restitution and compensation orders, fully paid.

Some ancillary orders are treated differently from the main sentence, and the Parole Board’s guidance explains which ones must be finished before the clock starts. Check it against your own sentence rather than guessing.

Waiting periods

Under the current rules, the waiting period is five years for summary convictions and ten years for indictable convictions, counted from the end of your sentence. If you have several convictions, the longest applicable period generally sets your date. An offense that the Crown could prosecute either way (a hybrid offense) is treated according to how it was actually prosecuted, which your court records will show.

Rules change, and the Board applies the version of the law that governs your case, so confirm your waiting period with the Parole Board of Canada’s current guidance before you apply.

Who is not eligible

Some people can’t get a record suspension at all. In general terms, this includes people convicted of certain sexual offenses involving children (with narrow exceptions) and people with more than three indictable convictions that each carried a sentence of two years or more. There’s also a separate, simplified process for people convicted only of simple possession of cannabis, and a separate expungement scheme for certain historically unjust convictions, such as those for consensual same-sex activity.

How to apply to the Parole Board of Canada, step by step

The Parole Board of Canada publishes an application guide and forms. The process takes preparation, because you gather documents from several agencies first.

1. Get your RCMP criminal record. This requires a fingerprint-based check submitted to the RCMP. It shows the convictions the Board will consider. Our guide to criminal record checks in Canada explains how fingerprint checks work.
2. Get court information. For each conviction, request information from the court that handled it, including the date, offense, sentence and whether the sentence is complete.
3. Get a local police records check from the police services where you have lived for a set period before applying. The Board uses this to look at your conduct since the conviction.
4. Get other records if they apply, such as military conduct records or immigration documents if you weren’t born in Canada.
5. Complete the application form, including the sections on why you want a record suspension. For some applications, you explain how it would help you and what you’ve done since, such as work, education or community involvement.
6. Check everything against the Board’s checklist. Incomplete applications are returned, which is one of the most common causes of delay.
7. Pay the application fee and submit. The fee was reduced in recent years. Check the Board’s website for the current amount.

After you apply, the Board reviews the file. For some applications, particularly those involving indictable offenses, it may ask for more information or give you a chance to respond before deciding. Processing times vary with the type of conviction and the Board’s workload, and they’re published on its website.

What a record suspension does

Once the Board orders a record suspension:

• Your record is kept separate and apart from other criminal records held by the RCMP in CPIC. It isn’t destroyed.
• Federal agencies can’t disclose it without permission from the Minister of Public Safety, except in limited cases set out in law.
• A standard criminal record check generally won’t show the suspended conviction.
• It is protected under the Canadian Human Rights Act. Federally regulated employers and service providers can’t discriminate against you based on a conviction for which a record suspension was ordered.

In practice, that means most employers running an ordinary check won’t see the old conviction, and you’re in a much stronger position when a record comes up.

The limits of a record suspension

Other countries, especially the United States

A Canadian record suspension doesn’t bind other countries. US border authorities may already hold information about your conviction, obtained before the suspension, and they don’t recognize a Canadian record suspension as erasing it. If you have a record and plan to travel to the US, you may need a US waiver of inadmissibility even after your suspension is granted. Talk to a lawyer who handles US entry issues before you travel, and don’t assume a suspension answers the question.

Vulnerable sector checks

Vulnerable sector checks follow separate rules. Records of certain sexual offenses are flagged in CPIC even after a record suspension, and if a fingerprint match confirms the record is yours, it can be disclosed for a vulnerable sector check with the Minister’s approval. Our guide to the vulnerable sector check explains how that works.

Provincial, municipal and court records

The Criminal Records Act mainly binds federal bodies. Provincial and municipal agencies, local police services and courts may still hold records. Many choose to respect a record suspension, but it’s worth asking the local police service and the court how they treat their own files.

Revocation

A record suspension can be revoked, or can cease to have effect, if you’re later convicted of a new offense or the Board finds you’re no longer of good conduct. It’s a status you keep, not a one-time certificate.

Everything online

A record suspension has no effect on news articles, court listing sites or social media posts. Those need their own approach: our guide on how to remove a news article from Google covers publisher requests and search refreshes. If a private company holds outdated records about you, your rights under PIPEDA may help you ask it to correct them.

A worked example

This is an illustrative scenario, not a real client.

Marisol was convicted of a summary offense after a bar fight at 23. She served probation and paid a fine. Seven years later she’s applying for jobs in project management and wants the conviction off her standard check.

1. She confirms her sentence ended more than five years ago, including the fine and victim surcharge.
2. She gets a fingerprint-based RCMP record, court information and a local police records check.
3. She fills in the Board’s form, checks it line by line against the checklist, and submits.
4. Her record suspension is ordered. A later employment check through a screening company shows no criminal record.
5. She plans a trip to the US and speaks to a lawyer, who explains she may still need a US waiver because the suspension isn’t recognized there.
6. A local news item about the fight still shows up for her name, so she writes to the paper with the facts and asks whether it would consider removing her name, given how old the matter is.

Common mistakes

• Starting the clock too early. The waiting period begins when the whole sentence is complete, including unpaid fines or surcharges.
• Submitting an incomplete application. A missing document usually means the application comes back.
• Assuming it clears you for US travel. It doesn’t, and misstating your history at the border can cause more serious problems.
• Assuming every record everywhere disappears. Local police, courts and websites may still hold information.
• Paying for speed. No service can make the Board decide faster.

When to get help

Many people apply on their own using the Board’s guide. A lawyer or legal clinic is worth it if your eligibility is unclear, you have convictions in several provinces, your immigration status is involved, or you need to travel to the US. If the harder problem is what shows up when people search your name, our content removal service can look at which old articles and listings can realistically be updated or taken down.

Frequently asked questions

How long do I have to wait to apply for a pardon in Canada?

Under the current rules, five years after completing your sentence for summary convictions and ten years for indictable convictions. The clock starts only when every part of the sentence is done, including fines and surcharges. Check the Parole Board of Canada’s guidance for your situation.

Does a record suspension erase my criminal record?

No. It keeps the record separate and apart from other criminal records in CPIC, and federal agencies can’t disclose it without ministerial permission except in limited cases. The record still exists, and some checks, such as vulnerable sector checks, follow different rules.

Can I travel to the United States after a record suspension?

A Canadian record suspension isn’t recognized by US authorities, who may already hold information about your conviction. You may still need a US waiver. Speak to a lawyer familiar with US entry rules before you travel.

Is my old pardon still valid?

Pardons granted before the 2012 changes generally remain in effect. Like record suspensions, they can be revoked or cease to have effect in certain circumstances, such as a new conviction.