A Canadian record suspension, formerly known as a pardon, gives people with a criminal record a chance to pursue better education and employment opportunities and to reintegrate into society. Contrary to a common belief, a record suspension does not erase your criminal past. In March 2012, the federal government made several key changes to the system and replaced the term "pardon" with "record suspension." Below is an overview of the eligibility, application process, and other points an applicant should understand.
Who Can Apply
Record suspensions are administered by the Parole Board of Canada. To be eligible, an applicant must have demonstrated good behaviour and lived as a law-abiding citizen for a set number of years after completing their sentence. The waiting period depends on the offence:
- Summary conviction offences (such as minor matters) require five years of good behaviour after the sentence is completed.
- Indictable offences (more serious crimes) require a waiting period of ten years.
- Service offences under the National Defence Act require five years where the fine was under a set threshold or the term of imprisonment was short, and ten years for more serious sentences.
How to Apply
The Parole Board permits applicants to submit their own applications. The process is lengthy, however, often taking between six months and a year to complete. Because of this, it is important to get every detail right the first time to avoid a denial. Applicants may work with a lawyer or apply through recognized non-profit organizations, and the Parole Board charges a processing fee for each application.
The Benefits of a Record Suspension
As noted, a record suspension does not erase your criminal history, and the benefits it confers are conditional on continued good behaviour. That said, a suspension opens the door to a wide range of opportunities:
- Greater access to employment, education, and volunteer roles
- Easier qualification for certain business permits
- Fewer restrictions in areas such as driving and adoption
It is important to remember that a Canadian record suspension has no legal effect outside Canada. If you plan to travel to or work in the United States, you may still need a separate entry waiver.
A record suspension offers a fresh start, but understanding its limits is key to making the most of it.
By understanding the eligibility rules and the process in advance, applicants can take full advantage of what a suspension offers and improve their chances of rejoining the mainstream workforce and community. If you have questions about your eligibility, contact Robb MacDonald at (416) 315-1505 or email rm@lawintoronto.com.