If you need to stop your Record Suspension process because of new criminal charges or a permanent move out of the country, you must formally withdraw your application by sending a written request to the Parole Board of Canada. In most cases, your $50 CAD federal application fee will not be refunded.
Life is unpredictable, and circumstances can change rapidly. You might have spent months gathering documents in Montreal, Winnipeg, or Halifax to apply for a federal Record Suspension, only to realize that completing the process is no longer viable. Perhaps you have recently been charged with a new criminal offence, or you are permanently relocating to a country where a Canadian pardon carries no legal weight. In these highly stressful situations, simply ignoring the government is a bad strategy.
If you know your application will fail-for example, due to new police involvement that ruins your “good conduct” requirement-it is generally much better to formally withdraw your application than to wait for the Parole Board of Canada (PBC) to issue a formal refusal. 📍 A formal refusal goes on your permanent federal file and can complicate future pardon attempts. By proactively pulling your application from the queue, you retain control of your file and leave the door open to re-apply smoothly once you are eligible again.
Why Withdraw a Record Suspension Application?
There are several strategic reasons why a Canadian might choose to cancel their ongoing pardon application. The most common reason is new police contact. Under the Criminal Records Act, an applicant must be of “good conduct” during the waiting period and the application process. If you are arrested for a new indictable offence or summary conviction in Toronto or Vancouver while your pardon is pending, the RCMP will update your CPIC file, and the PBC will automatically pause or propose to deny your application.
Another common reason is discovering that you are not actually eligible. 💼 Sometimes, applicants submit their forms miscalculating their waiting period (e.g., they forgot to pay a $100 victim surcharge five years ago, meaning their waiting period never legally started). If the PBC informs you of this error, formally withdrawing saves you from a lengthy refusal process. Finally, if you are permanently moving to the United States, you may realize that a US Entry Waiver is what you actually need, as US Customs and Border Protection does not recognize Canadian Record Suspensions.
| Reason for Stopping | Action to Take | Consequence for the Future |
|---|---|---|
| New Criminal Charges | Submit a formal withdrawal immediately. | Waiting period restarts upon conviction/completion of the new sentence. |
| Calculation Error (Not Eligible Yet) | Withdraw and wait for the correct date. | Can re-apply immediately once the true legal waiting period is over. |
| Moving out of Canada permanently | Withdraw if you no longer need it. | Record remains active on CPIC; can re-apply if you return to Canada. |
Step-by-Step Process for Withdrawing Your Application in Canada
Withdrawing your application is a formal administrative process. You cannot simply call the PBC and verbally cancel it; the government requires an official paper trail to close a legal file.
Step 1: Determine the Current Status of Your File
Check if the PBC has officially accepted your application for processing. 📁 If you recently mailed the package and they have not yet charged your credit card or cashed your money order, you might be able to intercept it and get your fee returned. If you have already received an Acknowledgement Letter with a PBC File Number, processing has begun.
Step 2: Draft a Formal Letter of Withdrawal
You must write a clear, concise letter to the Parole Board of Canada stating your intention to withdraw. Your letter must include your full legal name, your date of birth, your RCMP Fingerprint (FPS) Number, and the PBC File Number. You do not necessarily have to explain in deep detail why you are withdrawing, simply state: “I am formally requesting the withdrawal of my Record Suspension application.”
Step 3: Sign and Mail the Request
Print the letter and physically sign it in original ink. ✍ The PBC must verify that the request is genuinely coming from you. Mail the letter via registered post to the Parole Board of Canada, Clemency and Record Suspension Division in Ottawa. Keeping the tracking number ensures you have proof that the government received your instruction.
Step 4: Await Official Confirmation
Once the PBC receives your letter, they will officially close your file. They will mail you a final confirmation letter stating that the application has been withdrawn at your request. Keep this letter in a safe place, as you may need to reference it if you decide to re-apply in the future.
How Much Does it Cost in Canada?
There is no specific federal fee to cancel or withdraw an application, but you will suffer sunk costs.
- Withdrawal Fee: $0 CAD (Free to submit the letter).
- Lost PBC Application Fee: If processing has already started, you will permanently lose the $50 CAD fee you paid to the government.
- Lost Document Costs: You will also lose the money you spent on your RCMP fingerprints and court documents (often totalling $100 to $200 CAD), as these documents generally expire after one year and must be re-purchased if you apply again later.
How Long Does the Process Take?
Closing a file is generally much faster than processing an approval. 🕐
- Letter Processing: It usually takes the PBC 2 to 4 weeks to process your withdrawal letter and officially close the file.
- Re-applying in the Future: If you withdraw because of a calculation error, you can re-apply the exact day your legal waiting period actually ends. If you get new charges, you must wait 5 or 10 years from the end of your new sentence before you can start again.
Frequently Asked Questions (FAQ)
Can I get my $50 application fee refunded?
Generally, no. Once the Parole Board of Canada has accepted your application for processing and issued a file number, the $50 CAD processing fee is strictly non-refundable, even if you withdraw voluntarily.
Does a withdrawal count as a refusal?
No. A withdrawal simply closes the file without a final decision being made. A formal refusal means the PBC evaluated your case and decided you were not sufficiently rehabilitated. A withdrawal looks much better on your administrative record.
What happens to my physical documents?
When you withdraw, the PBC will typically destroy the documents you sent to protect your privacy, or in some cases, they may mail the physical package back to you. You will need to obtain fresh court documents if you re-apply years later.
If I am charged with a crime, will the PBC find out?
Yes. The PBC is directly linked to the RCMP’s CPIC database. If you are fingerprinted for a new offence anywhere in Canada, the system will flag your pending Record Suspension application automatically.
Do I need a lawyer to withdraw my application?
No. You can draft and mail the withdrawal letter yourself. However, if you are facing new criminal charges, you should absolutely consult a criminal defence lawyer to handle your court case before worrying about the pardon.
Leave a Reply