- A "pardon" is now legally called a record suspension, administered federally by the Parole Board of Canada.
- Waiting periods are 5 years for summary conviction offences and 10 years for indictable offences, from the date your sentence is fully completed.
- A record suspension removes your record from the CPIC database, meaning most background checks will not reveal it.
- Some serious offences (including certain sexual offences against children) are ineligible for a record suspension entirely.
- A record suspension can be revoked if you are convicted of a new offence or provide false information in your application.
- The process requires substantial documentation and can take up to a year or more to be processed by the Parole Board.
Pardon vs. Record Suspension: Same Thing, New Name
In 2012, the federal government renamed the "pardon" process to "record suspension" under changes to the Criminal Records Act. While the terminology changed, the underlying concept remains the same: a formal process, administered by the Parole Board of Canada, that separates your criminal record from other records and removes it from the national CPIC (Canadian Police Information Centre) database.
Many Ontarians still refer to this process colloquially as "getting a pardon," and both terms describe the same legal mechanism.
Eligibility Requirements
To be eligible for a record suspension, you must:
- Have completed your entire sentence, including any custody, probation, and payment of fines or restitution.
- Have waited the applicable period since completing your sentence (5 or 10 years, depending on the offence).
- Not have any outstanding charges.
- Be able to demonstrate that you have been a law-abiding citizen during the waiting period.
- Not have been convicted of an offence that is ineligible for a record suspension under current legislation.
Waiting Periods Explained
| Offence Type | Waiting Period | Starts From |
|---|---|---|
| Summary conviction offence | 5 years | Completion of entire sentence |
| Indictable offence | 10 years | Completion of entire sentence |
| Absolute discharge | 1 year (automatic removal) | Date of discharge — no application needed |
| Conditional discharge | 3 years (automatic removal) | Date of discharge — no application needed |
If your outcome was an absolute or conditional discharge rather than a conviction, your record is automatically removed from the RCMP's national repository after the applicable period — you do not need to apply for a record suspension for these outcomes.
What a Record Suspension Actually Does
A record suspension removes information about your criminal conviction from the CPIC database, meaning:
- Standard criminal record checks conducted by employers, landlords, and volunteer organizations will generally not reveal the conviction.
- Your record is kept separate and confidential, accessible only under specific limited circumstances.
- Federal agencies and departments are required to remove references to your conviction in most contexts.
Even without a record suspension, you may be eligible for certain more limited protections sooner — for example, a "record suspension exception" process exists for specific circumstances, and discharge-based removals happen automatically without any application.
What a Record Suspension Does Not Do
- It does not erase or destroy your criminal record — it remains accessible under specific circumstances, such as a subsequent criminal investigation.
- It does not guarantee entry to the United States or other countries — U.S. border authorities and other jurisdictions may have independent access to information about your prior conviction, unaffected by a Canadian record suspension.
- It can be revoked if you are later convicted of an indictable offence or found to have provided false information.
- Vulnerable sector checks (required for certain positions involving children or vulnerable adults) can still reveal certain suspended records under specific legislative exceptions.
The Application Process
- Confirm eligibility — verify your waiting period has passed and your offence is eligible.
- Gather required documents — including court records, proof of sentence completion, and a complete set of fingerprints from an accredited agency.
- Complete the application forms provided by the Parole Board of Canada, which require detailed personal and offence-related information.
- Submit the application and required fee to the Parole Board of Canada.
- Wait for processing — this can take a year or more depending on the complexity of your file and current processing volumes.
- Receive a decision — approved, denied, or a request for additional information.
Someone convicted of a single summary offence a decade ago, with no further legal issues since, gathers their court documentation, obtains updated fingerprints, and submits a complete application. Because their file is straightforward and well-documented, their record suspension is approved within several months of submission.
Offences That Are Ineligible
Certain offences are permanently ineligible for a record suspension under current federal legislation, most notably specific sexual offences committed against children. Additionally, individuals convicted of more than three indictable offences each carrying a sentence of two years or more face additional restrictions on eligibility.
Eligibility rules have changed over the years, and the applicable rules depend on when your offence occurred and when you apply. A lawyer can help confirm your specific eligibility before you invest time and money in the application process.
When a Record Suspension Can Be Revoked
A record suspension is not necessarily permanent. The Parole Board can revoke a previously granted record suspension if:
- You are subsequently convicted of a new indictable offence.
- It is discovered that you provided false or misleading information in your original application.
- New information reveals you were not actually eligible at the time it was granted.
A record suspension can open doors that have been closed for years. Call our Toronto lawyers at 416-274-2222 for a free consultation to assess your eligibility.
Frequently Asked Questions
Yes — the legal terminology changed to "record suspension" in 2012, but they refer to the same process. Most people still colloquially refer to it as a "pardon."
Generally 5 years from the completion of your sentence (including any probation) for summary conviction offences, and 10 years for indictable offences.
No. It does not erase or destroy your record — it separates it from other criminal records and removes it from the CPIC database, so it will not show up in most background checks, but it can still be accessed under specific circumstances.
Not necessarily. The United States does not automatically recognize Canadian record suspensions, and a prior conviction may still be identifiable to U.S. border authorities even after a Canadian record suspension is granted, often requiring a separate U.S. entry waiver.
There is a government processing fee, along with potential costs for obtaining supporting documents such as court records and fingerprints, and any fees if you engage a lawyer or paralegal to assist with the application.
Yes. The Parole Board can deny an application if you do not meet eligibility criteria, if there are outstanding charges, or in certain cases where granting it would bring the administration of justice into disrepute.
Certain sexual offences involving children generally cannot be pardoned under current legislation, and some other serious offences may face additional restrictions or scrutiny.
Yes. If you are subsequently convicted of a new indictable offence, or if it is discovered you provided false or misleading information in your application, the Parole Board can revoke your record suspension.