Determining your Eligibility for Record Suspension or Pardon
Important Notice:
Since March 19, 2020, changes made to the Criminal Records Act (CRA) in both 2010 and 2012 are no longer being applied retroactively for applicants who committed their first offence prior to the coming into force of these changes.
This means that applications are now being processed using the CRA eligibility criteria in place at the time of an applicant’s first offence.
I committed my first offence*...
Before June 29, 2010
Your application will be assessed against this Criminal Records Act criteria:
Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:
- 5 years – an offence prosecuted by indictment.
- 3 years – an offence punishable on summary conviction.
Please use the current Record Suspension Application Guide and forms.
Your application will be assessed by the Parole Board of Canada as outlined above.
Between June 29, 2010 and March 12, 2012
Your application will be assessed against this Criminal Records Act criteria:
Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:
- 10 years – Serious personal injury offence (within the meaning of 752 of the Criminal Code), including manslaughter, for which the applicant was sentenced to a prison term of 2 years or more, or an offence referred to in Schedule 1 that was prosecuted by indictment.
- 5 years – any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.
- 3 years – an offence other than the ones mentioned above, that is punishable on summary conviction.
Please use the current Record Suspension Application Guide and forms.
Your application will be assessed by the Parole Board of Canada as outlined above.
On or after March 13, 2012
Your application will be assessed against the current Criminal Records Act criteria:
Eligibility criteria: After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is:
- 10 years – an offence prosecuted by indictment.
- 5 years – an offence that is punishable on summary conviction.
A person is ineligible if they:
- have been convicted of an offence referred to in Schedule 1;
- have been convicted of more than three offences prosecuted by indictment, each with a sentence of two years or more.
Please use the current Record Suspension Application Guide and forms.
Your application will be assessed by the Parole Board of Canada as outlined above.
*While the PBC’s application forms require information about your conviction date(s), your application will be assessed based on your first offence date. If you know the date of your first offence, please include it with your application package. If you do not know this date, the PBC will try to find it. If needed, PBC will adjust how your application is processed in order to match the appropriate legislation.
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