If you committed an indictable offence prior to March 13, 2012, you may be exempt from the current 10-year waiting period for a Canadian Record Suspension. Due to recent Charter challenges, transitional rules allow older offences to be processed under the historical 3-year or 5-year waiting periods. The PBC application fee is $50 CAD.
If you have an old indictable offence on your record, you have likely read that you must wait an agonizing 10 years before applying for a Record Suspension. For many Canadians, this decade-long wait creates massive barriers to employment, travel, and peace of mind. However, Canadian law is not always black and white. Major changes to the Criminal Records Act in 2010 and 2012 drastically increased waiting periods, changing them from 3 and 5 years to 5 and 10 years for summary and indictable offences, respectively.
Because applying these new, harsher rules retroactively was deemed unconstitutional by the courts, significant exceptions now exist. 📍 The Supreme Court of Canada and various provincial courts have ruled that if you committed your crime before these legislative changes took effect, you are entitled to be evaluated under the old, more lenient timelines. If you live in Ontario, British Columbia, or anywhere else in the country, navigating these “transitional rules” can save you years of waiting. To ensure your timeline is calculated perfectly, hiring a local criminal lawyer from our directory is strongly recommended.
Step-by-Step Process for Applying Under Exception Rules
To benefit from the historical waiting periods, you must prove to the Parole Board of Canada (PBC) exactly when your offence occurred. It is not about when you were convicted, but when the act actually happened. Here is the process.
Step 1: Determine the Exact Date of the Offence
The entire exception relies on the date you committed the crime. You must review your court documents (specifically the Information or Indictment) to find this date. If the crime took place before June 29, 2010, the oldest rules apply. If it took place between June 29, 2010, and March 12, 2012, the transitional rules apply. If it occurred on or after March 13, 2012, the current 5-year (summary) and 10-year (indictable) rules apply.
Step 2: Calculate Your Waiting Period
Once you have the date of the offence, calculate the wait time from the date your sentence was completed (fines paid, jail time served, probation ended). ⏱ If your offence was before June 29, 2010, the wait is generally 3 years for summary convictions and 5 years for indictable offences. Under these older rules, the PBC also processes the application as a traditional “Pardon” rather than a “Record Suspension,” which often involves a less subjective review process.
Step 3: Collect Official Court Documents
You cannot simply tell the PBC that your offence happened a long time ago; you must provide legal proof. Order your official court documents from the courthouse where you were sentenced. These documents will verify the date of the offence, the date of conviction, and the exact sentence handed down. This proof is mandatory for the PBC to apply the Charter exception.
Step 4: Request Local Police Records
Just like a standard application, you must obtain a Local Police Information check from every city or town you have lived in for the past five years. 🗂 Even under the exception rules, the Parole Board needs to verify that you have maintained good conduct in the community since completing your sentence.
Step 5: Submit the Correct PBC Application Forms
The Parole Board of Canada has specific application guides depending on which set of rules applies to you. Make sure you are using the correct forms for a “Pardon” (under the pre-2012 rules) rather than the forms for a “Record Suspension.” Submitting the wrong paperwork will cause the PBC to return your application, delaying the process by months.
How Much Does the Application Cost?
Whether you apply under the new 10-year rule or the 5-year exception rule, the administrative costs remain roughly the same.
| Service | Estimated Cost (CAD) | Notes |
|---|---|---|
| PBC Application Fee | $50.00 | Standard federal fee for all pardon and record suspension applications. |
| RCMP Fingerprints | $25.00 – $100.00 | Fee paid to the local accredited fingerprinting agency. |
| Court and Police Records | $20.00 – $100.00+ | Costs to obtain certified copies from local courthouses and police stations. |
| Lawyer or Agency Fees | $750.00 – $1,500.00 | Valuable for ensuring the correct transitional legal rules are applied. |
How Long Does the Process Take?
Gathering old historical court documents can be tedious, often taking 4 to 6 months, especially if the archives are stored off-site. Once the PBC receives your application, the processing times depend on the type of application. For an indictable offence processed under the older pardon rules, the service standard is generally up to 12 months to receive a final decision.
Frequently Asked Questions (FAQ)
What if I have multiple offences spanning different years?
If you have multiple convictions, the longest waiting period generally applies. If your last offence was committed after March 13, 2012, you will be subject to the newer 5-year or 10-year waiting periods, regardless of how old the earlier offences are.
Are there exceptions for Schedule 1 sexual offences?
Generally, no. Offences under Schedule 1 of the Criminal Records Act (sexual offences against a child) make you permanently ineligible for a Record Suspension, unless you meet very strict exception criteria regarding the age difference between you and the victim.
Is a “Pardon” the same thing as a “Record Suspension”?
Practically, yes. The term “Pardon” was officially changed to “Record Suspension” in 2012. Both have the same effect of sealing your criminal record from the CPIC database. However, the legal tests the PBC uses to grant them differ slightly.
How do I prove the date of my offence if my court records are destroyed?
If the courthouse has purged your old files, you must obtain a letter from the court clerk explicitly stating the records no longer exist. You then submit this letter alongside your local police records to the PBC.
Will the 10-year rule ever be fully reversed?
The federal government frequently reviews the Criminal Records Act. While there have been political discussions about permanently reducing the wait times back to 3 and 5 years, the 5-year and 10-year rules remain the current law for modern offences.
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