No, pardons granted before the 2012 Safe Streets and Communities Act remain permanently valid. You do not need to renew them or reapply for a Record Suspension, provided you maintain good behaviour and do not receive a new criminal conviction.
In 2012, the Canadian government enacted sweeping changes to the justice system, officially replacing the term “pardon” with “Record Suspension.” This change in terminology, alongside stricter eligibility rules, caused significant confusion for individuals who had already successfully cleared their records.
If you received a pardon before these changes took effect, you might be worried about your current legal status. The good news is that your original Canadian pardon is safe. However, understanding how to protect it and what actions could cause it to be revoked is critical. If you have concerns about your specific situation, a qualified lawyer can review your file and provide peace of mind.
Step-by-Step Guide to Maintaining Your Pardon in Canada
Whether you received your pardon while living in Ontario, Quebec, or Nova Scotia, federal law protects your status. There is no mandatory renewal process, but you must adhere to the conditions set out by the Parole Board of Canada (PBC).
Step 1: Keep Your Documents Secure
Your original pardon certificate is an important legal document. Ensure that you keep it in a safe place. 📄 While the RCMP has already sealed your record in the national database (CPIC), having physical proof of your pardon is useful for employment background checks or immigration matters.
If you have lost your original certificate, you can contact the Parole Board of Canada to request a copy. You may need to provide identification and answer security questions to verify your identity.
Step 2: Understand the Good Conduct Requirement
A Canadian pardon or Record Suspension is never absolute; it is conditional on your continued good behaviour. This means you must obey the law and avoid new criminal charges. Under the Criminal Records Act, your pardon remains valid indefinitely as long as you do not re-offend.
Even minor infractions can be risky, but federal authorities primarily focus on new Criminal Code convictions. Maintaining a clean lifestyle is the only “renewal” effort required.
Step 3: Navigating New Criminal Charges
If you are convicted of a new summary conviction or an indictable offence, your pardon is at severe risk. ❌ For a new indictable offence, your pardon will be automatically revoked. Your previously sealed record will be unsealed, and your old convictions will appear alongside your new ones on any police check.
If you are charged with a new offence, it is imperative to contact a local criminal defence lawyer immediately. A skilled law firm may be able to negotiate a resolution that avoids a formal conviction, thereby protecting your existing pardon.
Step 4: Travelling Outside of Canada
Many Canadians mistakenly believe that a pardon allows for free travel to the United States. The U.S. Customs and Border Protection (CBP) does not recognize Canadian pardons or Record Suspensions. If the U.S. had a record of your conviction before you received your pardon, you will still need a U.S. Entry Waiver to cross the border.
Do not attempt to travel to the United States by hiding your past convictions. Always be truthful with border agents. A lawyer specializing in cross-border travel can help you apply for the necessary waivers.
How Much Does it Cost to Maintain?
One of the greatest benefits of having an older pardon is the financial aspect. Unlike passports or driver’s licences, your pardon requires no renewal fees.
| Requirement | Estimated Cost (CAD) | Notes |
|---|---|---|
| Pardon Renewal Fee | $0 | Pardons do not expire and require no federal renewal fee. |
| Replacing Lost Certificate | $0 to Minimal | The PBC generally replaces lost certificates for free upon formal request. |
| U.S. Entry Waiver | $1,100 USD | Required for U.S. travel regardless of pardon status (application fee to US government). |
While maintaining the pardon is free, losing it can be extremely costly. If it is revoked, you will have to wait for a new eligibility period to pass before paying the $50 federal fee and hiring a lawyer to reapply for a Record Suspension.
How Long Does the Process Take?
Since there is no renewal process, there is no waiting period. Your pardon is currently active and will remain active for the rest of your life, provided you maintain good behaviour. 🕑 If you do lose your pardon due to a new conviction, the wait time to apply for a new Record Suspension is 5 years for a summary conviction and 10 years for an indictable offence, starting only after you have completed your entire sentence (including probation and paying all fines).
Frequently Asked Questions (FAQ)
Is a Record Suspension weaker than an old Pardon?
No. Legally, they achieve the exact same outcome. Both remove your criminal record from the active CPIC database, ensuring it does not show up on a standard criminal background check for employment or housing.
Can an employer see my pardoned record?
Generally, no. Under the Canadian Human Rights Act, federally regulated employers cannot discriminate against you for a pardoned conviction. Provincial human rights codes offer similar protections across Canada.
Can the Parole Board revoke my pardon without a new conviction?
Yes, but it is rare. The Board can revoke a pardon if they discover you were no longer of good conduct, or if they find out you lied or hid information on your original application years ago.
Do I need to update my address with the Parole Board?
It is not strictly legally required to update your address once the pardon is granted, but keeping your contact information current with the PBC is a good practice in case they ever need to send you official correspondence.
Should I tell a potential employer I have a pardon?
There is usually no legal obligation to disclose a pardoned conviction during a standard job interview. If an application asks “Have you ever been convicted of a criminal offence for which a pardon has not been granted?”, you can legally answer “No.”
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