Who is eligible for a record suspension?
From: Parole Board of Canada
Important notice: If you have applied or are planning to apply for a record suspension, a recent Federal Court decision has resulted in changes to eligibility and wait times. Read more.
You can apply for a Record Suspension if you:
- were convicted of an offence in Canada under a federal act or regulation of Canada as an adult;
- were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.
To apply for a record suspension, you must have completed all of your sentences, which includes:
- all fines, surcharges*, costs, restitution and compensation orders;
- all sentences of imprisonment, conditional sentences, including parole and statutory release;
- any probation order(s).
Note: If you have a prohibition order, it does not need to be expired before the waiting period begins.
After completing all of your sentences, you must have completed a waiting period:
- 5 years for a summary offence (or a service offence under the National Defence Act).
- 10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).
*Victim surcharges imposed under section 737 of the Criminal Code on or after October 24, 2013 and on or before December 13, 2018 will not be considered in determining eligibility for a record suspension.
You are not eligible for a record suspension if you have been convicted of:
- a Schedule 1 Offence (offence involving a child) under the Criminal Records Act
- more than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more.
Before you start, check your eligibility to apply for a record suspension by using the PBC's Online Self Assessment Tool.
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