In Canada, a Record Suspension (costing $50 CAD) temporarily seals your criminal record from standard background checks, while an Expungement physically destroys the record forever. However, expungement is exceedingly rare and only available for specific historical injustices, not standard crimes like theft or DUI.
Understanding Criminal Record Terminology in Canada
Due to the massive influence of American television, many Canadians use the word “expungement” when talking about clearing a criminal record. In reality, Canadian criminal law treats expungements and record suspensions entirely differently. If you have been convicted of a standard criminal offence-whether a summary conviction like minor theft or an indictable offence like fraud-you cannot get your record “expunged” in Canada. The Canadian justice system relies on a process called a Record Suspension (formerly known as a pardon) for the vast majority of cases.
A Record Suspension does not erase the fact that you committed a crime. Instead, it seals your file within the Canadian Police Information Centre (CPIC) database. 🔒 Once sealed, a standard employment background check will come back clean, allowing you to reintegrate into society and secure jobs in Toronto, Vancouver, or Halifax. Conversely, an Expungement involves the absolute destruction of the record, as if the conviction never existed. However, the federal government strictly limits expungements to cases where the law itself was later deemed a violation of the Charter of Rights and Freedoms (such as historical LGBTQ2 convictions).
Step-by-Step Comparison of the Processes
If you are looking to clear your past, your law firm will first assess which legal avenue applies to your unique situation. Here is how the two distinct processes operate under federal Canadian law.
Step 1: Determining Eligibility
Eligibility is the sharpest dividing line. You are eligible for a Record Suspension if you have completed your entire sentence (including paying all fines and finishing parole) and waited the mandatory period of good conduct-typically 5 years for summary convictions and 10 years for indictable offences. You are only eligible for an Expungement if your specific conviction is listed under the Expungement of Historically Unjust Convictions Act (such as archaic bawdy house laws or consensual same-sex acts before decriminalization).
Step 2: Gathering Documentation
Both processes require extensive documentation. For a Record Suspension, you must obtain your official criminal record from Ottawa by submitting digital fingerprints. You must also request your local police records checks from every municipality you have lived in during the past five years, and obtain certified court documents. For an Expungement, the burden is slightly different; you must produce historical court documents proving that your conviction meets the exact criteria of an unjust law, which can sometimes require extensive archival research.
Step 3: Submitting the Application
Both applications are submitted to the Parole Board of Canada (PBC). A Record Suspension requires the completion of a complex, multi-page application booklet where you must demonstrate how you have rehabilitated your life. You must prove to the PBC that granting the suspension provides a measurable benefit to society. In contrast, an Expungement application is less about your rehabilitation and more about proving the legal facts of your historical charge. If the historical facts match the government’s criteria, the expungement is granted as a matter of right.
Step 4: The Final Legal Outcome
If your Record Suspension is granted, the RCMP moves your record into a separate, sealed database. It remains hidden, but it can be legally revoked if you are convicted of a new crime, or it can be unsealed by the Minister of Public Safety in exceptional circumstances. If your Expungement is granted, the RCMP and federal authorities completely destroy the record. It can never be brought back, and you are legally entitled to say you have never been convicted of that offence.
How Much Does it Cost in Canada?
The financial costs associated with clearing a record can vary depending on the pathway you are taking and whether you retain a Canadian criminal law firm to assist you.
| Process Type | Government Fee (CAD) | Additional Expenses |
|---|---|---|
| Record Suspension | $50 | Fingerprinting ($50-$100), Court Docs ($20-$50) |
| Expungement | $0 | Archival Court Retrieval Fees |
| Cannabis Simple Possession | $0 | Fingerprinting, Court Docs (Fast-tracked suspension) |
| Average Law Firm Fees | $1,000 – $2,500+ | Depends on the complexity of your criminal history |
While you can technically fill out the PBC paperwork yourself, hiring a lawyer ensures that small technical errors do not result in your application being returned, which can delay your freedom by several months.
How Long Does the Process Take?
Patience is mandatory. For a Record Suspension, simply gathering the fingerprints, local police checks, and court documents can take 3 to 6 months. Once submitted to the Parole Board of Canada, they are legally bound by service standards: 6 months to process a summary conviction application, and 12 months for an indictable offence application. Expungement applications generally have no strict statutory timelines but are often processed within 3 to 6 months due to the lower volume of applicants.
Frequently Asked Questions (FAQ)
Can I get a DUI expunged in Canada?
No. A DUI (Impaired Driving) is a standard criminal offence in Canada. It cannot be expunged. You must apply for a Record Suspension after completing your sentence and waiting the mandatory 5 or 10-year period.
Will a Record Suspension allow me to enter the USA?
The United States does not recognize Canadian Record Suspensions (pardons). If US Customs and Border Protection (CBP) previously recorded your conviction, you will still need to apply for a US Entry Waiver to cross the border legally.
Can a Record Suspension be taken away?
Yes. A Record Suspension is only a temporary sealing of your record. If you are convicted of a new criminal offence, or if it is discovered you lied on your original application, the Parole Board will automatically revoke the suspension, and your old record will reappear.
Did legalization expunge old cannabis convictions?
No. Under Bill C-93, individuals with simple cannabis possession convictions do not get expungements. Instead, they can apply for an expedited Record Suspension where the $50 government fee and the standard waiting periods are waived.
Do employers know I have a Record Suspension?
Generally, no. Under the Canadian Human Rights Act, federally regulated employers cannot discriminate based on a pardoned conviction. During a standard criminal background check, your record will simply show as “Clear” as long as the suspension remains active.
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