When upgrading to a Secret Security Clearance in Canada, you are legally not required to disclose criminal convictions for which you have been granted a Record Suspension (Pardon). However, while your official federal employment security file will not contain the pardoned record, screening authorities can still evaluate your underlying conduct if discovered through other sources, such as local police records checks or security interviews.
Advancing in your career within the federal government or with a federal contractor often requires upgrading your security clearance from a basic Reliability Status to a Secret Clearance. This process, managed by Public Services and Procurement Canada (PSPC) and supported by the Canadian Security Intelligence Service (CSIS), is rigorous and intrusive. If you have a past criminal record that was sealed via a Canadian Record Suspension (formerly a Pardon), navigating this upgrade is strongly protected by federal privacy laws. 🔍
Many applicants believe that security screening requires them to disclose their entire past, but a Canadian Record Suspension provides strong legal privacy protections. Under the Criminal Records Act and Treasury Board directives, once a Record Suspension is granted, you are not legally required to declare these convictions on security screening forms. While federal employment security files must be kept clear of your pardoned record, this does not erase or destroy local police records or intelligence files, which security agencies may still review as part of their comprehensive background assessment.
Step-by-Step Process in Canada
Whether you are stationed at a federal office in Ottawa, a military base in Halifax, or a secure contractor facility in Calgary, the federal security screening process is uniformly applied across Canada. The upgrade process involves comprehensive background investigations, financial checks, and often direct interviews.
Step 1: Review Your Current Status and Documents
Before initiating the upgrade, gather all documentation related to your past convictions and your Record Suspension. Ensure you have copies of your original CPIC report, your Certificates of Conviction, and the official letter from the Parole Board of Canada granting your Record Suspension. Having these documents ready demonstrates organization and transparency. 📄
Step 2: Completing the Security Clearance Form
You will be required to fill out the Security Clearance Form (TBS/SCT 330-60E). The form explicitly asks if you have ever been convicted of a criminal offence “for which you have not been granted a record suspension or pardon.” Since you have a valid Record Suspension, you can legally and truthfully answer “No” to this question. You do not need to disclose your sealed convictions under this section.
Step 3: The Security Interview
For Secret and Top Secret clearances, applicants may undergo a security interview. During this process, you are not legally required to declare or discuss convictions that have been granted a Record Suspension. However, while your official employment screening files cannot hold the suspended record, investigators may ask about the underlying conduct if it appears in local police records or intelligence files, which are not destroyed when a pardon is granted.
Step 4: Awaiting the Decision
The investigator will compile a comprehensive brief for the delegated security authority, who will make the final determination based on a “whole person” risk assessment. While your formal criminal record is suspended, the evaluation will focus on your current reliability, financial stability, and personal integrity. However, any past unlawful behaviour, if discovered through local police or intelligence sources, can still be evaluated as a risk factor for accessing classified information.
How Much Does it Cost in Canada?
Obtaining a security clearance is generally an employment requirement, meaning the primary costs are covered by your employer or the federal government. However, there are incidental costs if you need to retrieve legal documents. 💰
- Security Clearance Fees: Usually $0 CAD (covered by the hiring federal department or contractor).
- Document Retrieval: If you lost your Pardon paperwork, requesting a copy from the Parole Board or courts can cost $20 to $50 CAD.
- Legal Consultation: Hiring a law firm to advise you on how to answer clearance questionnaires safely generally costs between $200 and $450 CAD for an initial consultation.
| Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Fingerprinting for CSIS | $0 – $65 | Applicant or Employer |
| Security Investigation | $0 | Federal Government |
| Lawyer Consultation | $200 – $450 | Applicant |
How Long Does the Process Take?
Upgrading to a Secret Clearance is notoriously time-consuming in Canada, and having a past criminal record, even a pardoned one, adds layers of review. 🕑
- Standard Processing: A standard Secret Clearance upgrade can take anywhere from 3 to 9 months.
- Complex Files: If your file requires a deep-dive review regarding your pardoned offences, the process can easily stretch to 12 or even 18 months.
- Top Secret Upgrades: If you are bypassing Secret and going straight to Top Secret, expect a timeline of 1 to 2 years due to the mandatory field investigations and extensive interviews.
Frequently Asked Questions (FAQ)
Does a Record Suspension guarantee I will get my Secret Clearance?
No. A Record Suspension proves you have completed your sentence and lived crime-free for a set period, but it does not guarantee a security clearance. Security clearances assess your vulnerability, trustworthiness, and loyalty, which is a different threshold than basic criminal rehabilitation.
Do I have to disclose my pardoned record during a security screening?
No. Under the Criminal Records Act and Treasury Board directives, you are legally exempt from disclosing convictions for which you have received a Record Suspension. Security agencies are also required by law to remove and destroy any information about these pardoned offences in your screening files.
Can I be fired from my Reliability Status job if my Secret upgrade is denied?
Generally, if you are denied a Secret clearance upgrade based on historical facts that were properly managed at the Reliability stage, you can often maintain your current role. However, if you are caught lying during the upgrade process, your Reliability Status will likely be revoked, leading to termination.
Can the conduct behind a pardoned offence still be used to deny a Secret Clearance?
Yes. While a Record Suspension seals your criminal record in the RCMP National Repository, it does not destroy investigative files held by local police or intelligence databases like CSIS. Since a security clearance is a “whole person” risk assessment, security authorities can evaluate the actual past conduct or behaviour that led to your charges if it is revealed during local record checks or security interviews.
Can I appeal a denied security clearance?
Yes. If your federal security clearance is denied or revoked, you can request an administrative review or file a grievance. Additionally, you may appeal to the Federal Court of Canada, though this requires specialized legal representation.
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