Chapter 4 - Record Suspension Eligibility Criteria

Chapter 4 - Record Suspension Eligibility Criteria

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Before applying for a record suspension, you should first check that you are eligible.

You can apply for a record suspension if you were: convicted of an offence, in Canada, under a Canadian federal act or regulation; or convicted of an offence in another country and transferred to Canada.

You are not eligible if you have been: convicted of a Schedule 1 Offence, a sexual offence involving a child, under the Criminal Records Act - with certain exceptions; refer to Step 7 in the Guide.

You are also not eligible if you have been: convicted of more than three offences prosecuted by indictment, each with a prison sentence of two years or more.

Before you can apply, you must have completed all of your sentences, which include: all fines, surcharges, costs, restitution and compensation orders; all sentences of imprisonment, or conditional sentence order; and any probation orders.

After you have completed all of your sentences, you must complete a waiting period.

The waiting period is: five years for summary offences; and, ten years for indictable offences.

Note that a prohibition order does not need to have expired before the waiting period begins. In some cases, you may not need to apply for a record suspension.

If you were convicted as a young offender, and found guilty in a youth court or youth justice court, you do not need to apply for a record suspension.

Your record will be automatically destroyed or archived after a certain amount of time, in accordance with the Young Offenders Act or the Youth Criminal Justice Act.

If you received an absolute or conditional discharge, you do not need to apply for a record suspension.

For an absolute discharge, the RCMP will automatically remove the record from its system one year after the court decision.

For a conditional discharge, it will be removed three years after the court decision.

Note that if you received an absolute or conditional discharge before July 24, 1992, you will need to contact the RCMP directly to have the information removed.


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