Thanks to Canadian law reforms, historical prostitution offences (like keeping a bawdy-house) can often be permanently destroyed through an Expungement Order. Unlike a standard record suspension, an expungement completely erases the conviction from existence, and there is a $0 CAD government filing fee.
For decades, Canadian criminal laws aggressively targeted sex workers and marginalized communities. Following landmark Supreme Court decisions like the Bedford case, Canada recognized that these historical laws violated the Charter of Rights and Freedoms. Today, federal legislation allows individuals in Toronto, Halifax, Victoria, and across Canada to clear these unjust offences from their RCMP files permanently.
Depending on the specific charge, you may be entitled to an Expungement or a standard Record Suspension. ⚠ Expungement is the ultimate remedy: it legally declares that the conviction never happened. This guide explains how to navigate this specialized legal process to reclaim your privacy.
The Step-by-Step Expungement Process in Canada
The Expungement of Historically Unjust Convictions Act is managed federally by the Parole Board of Canada (PBC). The process requires you to prove that your historical conviction aligns exactly with the definitions of the repealed laws.
Step 1: Identify if Your Offence is Eligible for Expungement
First, you must determine what you were charged with. 🔍 The federal Expungement Act specifically covers certain historical offences, such as keeping a common bawdy-house, being found in a bawdy-house, or communicating for the purpose of prostitution. If your charge involved violence or minors, it will not qualify for expungement, though a standard record suspension might still be possible.
Step 2: Request Fingerprints and RCMP Records
Your Canadian law firm will direct you to an accredited fingerprinting agency. They will capture your prints and request your official Canadian Police Information Centre (CPIC) report. This document lists the exact criminal code sections you were convicted under decades ago.
Step 3: Gather Archival Court Certificates
Because these offences are historical, court records might be buried in provincial archives. 📂 You must obtain certified court documents proving that the offence involved consensual acts between adults. The Parole Board requires proof that the activity would no longer be considered a crime under today’s laws.
Step 4: File the Application with the Parole Board
Once all archival proof is collected, the application is submitted to the PBC. Unlike a record suspension where the Board evaluates your “rehabilitation,” an expungement is granted automatically if your documents prove you meet the legal criteria of the historical injustice.
How Much Does it Cost in Canada?
The Canadian government recognizes the injustice of these historical laws and has removed the financial barriers to applying for expungement. 💰
| PBC Expungement Fee | $0 CAD | The government charges absolutely no fee for an expungement application. |
| Standard Record Suspension | $50 CAD | If the offence does not qualify for expungement, you can seek a pardon for $50. |
| Archival Court Records | $20 to $100 CAD | Provincial archives may charge retrieval and copying fees. |
| Law Firm Fees | $1,000 to $2,000 CAD | Legal fees to locate obscure historical records and draft the application. |
- Sworn Affidavits: If the original court documents were destroyed due to age, you may need a lawyer to draft a sworn affidavit (a legal oath) detailing the circumstances of the arrest.
How Long Does the Process Take?
Locating historical documents is the longest part of this journey. ⌛ Retrieving 30-year-old files from a municipal courthouse can take 3 to 6 months. Once the complete expungement application is received by the Parole Board of Canada, they generally process these priority requests within few months.
Frequently Asked Questions (FAQ)
What is the difference between Expungement and a Record Suspension?
A Record Suspension (pardon) seals the criminal record but acknowledges it existed. An Expungement completely destroys the record, and you are legally allowed to state that you have never been convicted of that offence.
Do I have to disclose an expunged offence to US Border Patrol?
If the record is fully expunged by the Canadian government before the US Customs and Border Protection (CBP) ever downloaded it into their database, you generally do not have a record to disclose. A Canadian immigration lawyer can advise on your specific border strategy.
What if my prostitution offence does not qualify for expungement?
If your specific charge falls outside the Expungement Act, you can still apply for a standard Record Suspension (pardon), provided you have paid all fines and waited the mandatory 5 or 10 years.
Is there a waiting period for an expungement?
No. Because the laws have been declared historically unjust, there is no waiting period required for eligible offences. You can apply to have the record destroyed immediately.
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