Who is Eligible?
You can apply for a cannabis record suspension if you were convicted in Canada as an adult of simple possession of cannabis. Convictions for simple possession of cannabis are the only eligible convictions under this process. Simple possession is a charge for possession of a controlled substance, in this case cannabis, for personal use (i.e., with no intent to traffic).
You can apply even if you are not a Canadian citizen or a resident of Canada so long as you only have a record of conviction(s) for simple possession of cannabis in Canada.
You can apply if you have unpaid fines or victim surcharges related to the cannabis conviction(s), but you must have completed the other parts of your sentence (e.g., probation order).
Are any offences not eligible?
Individuals with convictions other than simple possession of cannabis are not eligible for the streamlined cannabis record suspension process. However, these individuals may be eligible to apply for a regular record suspension provided they meet the criteria outlined in the Criminal Records Act (e.g., they have completed their sentence, wait times and meet the eligibility criteria). In these instances, a simple possession of cannabis conviction is not considered in the calculation of the wait time or in a Board member’s assessment of the application. You can still apply if you have unpaid fines or victim surcharges related to the cannabis conviction(s), but you must have completed the other parts of your sentence (e.g., probation order).
Consult the regular PBC Record Suspension Application Guide for more information.
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