A criminal record has significant consequences. For people who have one, it can be difficult to find a job or housing, or to travel outside the country. An application for a record suspension, formerly known as an application for a pardon , is a mechanism that allows people convicted of an offence to have their criminal record suspended.
What is a record suspension?
When a person is convicted of a criminal offence, this information is stored in the Canadian Police Information Centre (CPIC) database, which collects all criminal records. The effect of a record suspension is to keep a person’s criminal record separate from this database used for background checks. Thus, when a search is performed in this database, the person’s locker does not appear.
It is important to note that the suspension does not erase all traces of the conviction. The file does not disappear; it is simply classified separately and kept confidential. The information is inaccessible except under certain specific conditions.
For those considered sex offenders, however, a CPIC check of entitlement to work with vulnerable persons such as children or seniors will indicate that the person has been convicted of a sexual offence but has had a suspended record.
How a record suspension works
The Parole Board of Canada is the court that reviews applications for record suspensions.
Pursuant to section 4.1(1) of the Criminal Records Act, the Board may grant the suspension where it is satisfied that the applicant has behaved well since the expiry of his or her sentence, that he or she has not been convicted of another federal offence, and that the suspension would benefit the person, support his or her rehabilitation, and would not bring the administration of justice into disrepute.
The Board may consider several criteria when considering whether a record suspension is desirable: the nature, seriousness and duration of the offence, the circumstances surrounding the offence, criminal history, etc.
As set out in the Act, before making its decision, the Commission must conduct an inquiry to determine whether the applicant is admissible and has demonstrated good conduct since conviction.
The suspension may be revoked under section 7 of the Law if the person is convicted of certain offences or if there is evidence that they have stopped behaving properly, made an inaccurate or misleading statement, or concealed an important point when applying.
Apply
There are several eligibility criteria to apply for a record suspension. Since the law has been amended a few times over the years, the criteria vary depending on the date on which the person committed his or her first offence (as distinct from the date of the first conviction).
Depending on the type of offence, a person must wait between 3 and 10 years after the end of any sentence to apply, whether the sentence consists of imprisonment, probation, fine, etc. The Government of Canada‘s website details eligibility periods by type of offence and when it was committed.
For the offence of simple possession of cannabis, i.e. possession of cannabis for personal use, however, an application for suspension may be made as soon as the sentence has been fully served.
Persons who have committed certain offences, primarily sexual offences against a child, may not, with some exceptions, apply for a record suspension. Those with more than three offences on their record that have been prosecuted by indictment are also not eligible.
The cost of submitting an application is $50, plus additional fees associated with fingerprints, criminal records, court documents and police checks.
For more information on applying for a record suspension and to access application forms, visit the Government of Canada website.