Does a record suspension erase my criminal record?

No. The conviction still exists. A record suspension keeps it separate and apart from other records in the national repository so that it does not appear on most criminal record checks. Certain vulnerable-sector checks can still disclose a suspended record for specified sexual offences.

Will a record suspension let me travel to the United States?

Not necessarily. United States admissibility is decided under American law by United States Customs and Border Protection, which is not bound by a Canadian record suspension. If the record has already been shared with United States authorities, a separate United States waiver may be required.

What if I was charged but never convicted?

A record suspension is only for convictions. Where charges were withdrawn, stayed or resulted in acquittal, the appropriate step is an application to the police service and the RCMP for destruction of the fingerprints, photographs and the associated non-conviction record.

Procedural & Post-Conviction

Record Suspension Lawyer in Canada

A record suspension is an administrative process under the Criminal Records Act that can separate an eligible person's criminal record from other criminal records in federal databases after the required waiting period and application process. This guide explains eligibility, waiting periods, the Parole Board of Canada's role and when legal advice may be useful. Below you can find a record suspension lawyer in your province.

Criminal Records Act, R.S.C. 1985, c. C-47·Post-conviction application

What Pardons & Record Suspensions involve and how the process works

A record suspension, still widely called a pardon, is granted by the Parole Board of Canada under the Criminal Records Act. It does not erase a conviction. It keeps the record separate and apart from other criminal records held by the RCMP, so that most routine record checks come back clear.

Eligibility depends on completing the sentence in full, including payment of every fine, surcharge and restitution order, and then waiting the prescribed period. The waiting period runs from the completion of the sentence, not from the date of the conviction.

Some convictions are excluded. Schedule 1 sexual offences against minors and records with more than three indictable convictions each carrying two years or more are ineligible, subject to limited exceptions. A record suspension can also be revoked if the person is later convicted of a new offence.

Eligibility and requirements

Every sentence, including fines, surcharges, restitution and probation, has been completed
The applicable waiting period under the Criminal Records Act has elapsed
The conviction is not excluded from eligibility under the Act
The applicant has been of good conduct and has not been convicted of a new offence
A complete application with fingerprints, court information and local police records checks

Possible outcomes and consequences

Continued disclosure of the record on employment and volunteer checks while the record remains active
Difficulty obtaining professional licences, bonding and insurance
Barriers to travel, although a record suspension does not bind United States authorities
Refusal of the application, with a further waiting period before reapplying
Revocation of a granted record suspension on a new conviction

How counsel can help

Confirming completion of every component of the sentence before applying, since unpaid surcharges are a common cause of refusal
Obtaining certified court records and police record checks from every relevant jurisdiction
Addressing good-conduct concerns directly with supporting material
Making submissions where the Board proposes to refuse the application
Considering a separate application for destruction of fingerprints and photographs held by police
For non-conviction records, pursuing file destruction rather than a record suspension

Record suspension lawyer: frequently asked questions

Does a record suspension erase my criminal record?: No. The conviction still exists. A record suspension keeps it separate and apart from other records in the national repository so that it does not appear on most criminal record checks. Certain vulnerable-sector checks can still disclose a suspended record for specified sexual offences.
Will a record suspension let me travel to the United States?: Not necessarily. United States admissibility is decided under American law by United States Customs and Border Protection, which is not bound by a Canadian record suspension. If the record has already been shared with United States authorities, a separate United States waiver may be required.
What if I was charged but never convicted?: A record suspension is only for convictions. Where charges were withdrawn, stayed or resulted in acquittal, the appropriate step is an application to the police service and the RCMP for destruction of the fingerprints, photographs and the associated non-conviction record.

Find a record suspension lawyer

These criminal defence firms handle Criminal Code matters and can advise on Pardons & Record Suspensions applications. Confirm the scope of a firm’s practice before retaining counsel.