What Are the Eligibility Criteria for Expungement?

• Gross indecency, buggery and anal intercourse

• The activity for which the person was convicted was between persons of the same sex;

• The person(s), other than the person convicted, had given their consent* to participate in the activity; and,

• The person(s) who participated in the activity were 16 years of age or older at the time of the activity or subject to a “close in age” defence under the Criminal Code.

* Section 273.1 of the Criminal Code defines consent as the voluntary agreement of a person to engage in the sexual activity in question.

• Keeping, being found in, or permitting a place to be used as a bawdy house

• The conviction relates to the convicted person's association with a bawdy house, kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in; and,

• The person who was convicted did not exchange money for providing or receiving sexual services.

• Transporting individuals to a bawdy house

• The conviction relates to a bawdy house kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in.

• Indecent show, indecent acts, indecent exhibition, immoral, indecent or obscene performance and nudity

• The activity for which the person was convicted took place in a bawdy house in which acts of indecency are practiced and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in; and,

• The person who was convicted did not exchange money for providing or receiving sexual services.

• Procuring one’s own miscarriage (abortion); or,

• Supplying or procuring a drug or an instrument for the purpose of procuring one's own miscarriage (abortion)

• The convicted person was the woman or female person who obtained the miscarriage (abortion).

• Procuring the miscarriage (abortion) of a woman or female person (where the convicted person assisted the woman or female person in accessing the means to procure a miscarriage (abortion));

• Procuring own miscarriage (abortion) (where the convicted person assisted the woman or female person in accessing the means to carry out the miscarriage (abortion)); or,

• Supplying or procuring a drug or an instrument, for the purpose of procuring miscarriage (abortion) (where the convicted person assisted in supplying or procuring the drug or instrument)

• The convicted person acted at the request of the pregnant woman or female person.

• Procuring the miscarriage (abortion) of a woman or female person (where the convicted person used or assisted in the use of the means to procure a miscarriage (abortion)); or,

• Supplying or procuring a substance or an instrument for the purpose of procuring a miscarriage (abortion) while in the capacity of a medical doctor, nurse or midwife).

• The convicted person was a medical doctor, nurse or midwife at the time of the offence; and,

• The convicted person acted with the consent of the pregnant woman or female person.

• Individuals convicted of offences related to selling/advertising the means or a method for preventing a pregnancy or causing an abortion are not subject to any criteria.