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, please take note of the recent changes to eligibility and wait times. Read more.

You MAY apply for a Record Suspension if you:

You DO NOT need to apply for a record suspension if you:

  • have only received an absolute or conditional discharge*; or
  • were only convicted in a youth court or youth justice court**.

* For more information, contact the Royal Canadian Mounted Police Pardon & Purge Services.

** Your record(s) will be destroyed or archived once all applicable time periods have elapsed under the Young Offenders Act or the Youth Criminal Justice Act.

IMPORTANT!

  • A record suspension will have no effect on your driving or weapons prohibition orders.
  • The Parole Board of Canada has no jurisdiction over youth offences recorded before 1996 that are not listed on your criminal record, even if you were subsequently convicted as an adult. You must contact the court and police agency directly and request them to put those records aside.

To apply for a record suspension, you must have completed all of your sentences, which includes:

Important: Your weapons or driving prohibition order do not need to be expired before the waiting period begins.

You must have completed the appropriate waiting period by referring to the table below. In order to do so:

Tip: You may contact the court to obtain this information.

Important:

Before June 28, 2010

The waiting period is:

  • 5 years – an offence prosecuted by indictment.
  • 3 years – an offence punishable on summary conviction.
Between June 29, 2010 and March 12, 2012

The waiting period is:

  • 10 years — Serious personal injury offence (within the meaning of 752 of the Criminal Code); including manslaughter; an offence for which you were sentenced to a prison term of 2 years or more, and 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.
On or after March 13, 2012

The waiting period is:

  • 10 years — an offence prosecuted by indictment.
  • 5 years — an offence that is punishable on summary conviction.

The method of trial will decide your eligibility. If this information is not provided, the longest waiting period under the applicable version of the CRA (5 or 10 years) will be applied to your file.

You MAY NOT be eligible for a record suspension if your most recent offence was committed on or after March 13, 2012 and you:

  • have been convicted to a prison term of 2 years or more for more than three indictable offences; or
  • were convicted of an offence found in Schedule I of the Criminal Records Act and do not meet the exception criteria (consult Step 6).
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    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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