Generally, to get a record suspension (pardon) in Canada, you must complete your sentence and wait 5 years for summary offences or 10 years for indictable offences. You submit your application to the Parole Board of Canada, and the current government filing fee is $50.
Having a federal criminal record in Canada can make it incredibly challenging to find a well-paying job, rent a nice apartment, or travel without stress. A record suspension (formerly known as a pardon) helps you start fresh by keeping your criminal history separate and apart from the active Canadian Police Information Centre (CPIC) database. This means your past mistakes generally will not show up on a standard background check, allowing you to move forward with your life, volunteer at your child’s school, and secure a better career.
In this comprehensive guide, we will walk you through the entire process of clearing your federal criminal record in Canada. 📍 Most applicants can handle the paperwork on their own, but it requires extreme patience and attention to detail. Whether you live in Vancouver, Toronto, Calgary, or Halifax, the rules are governed by federal law, so the overall process remains the same across the country.
Step-by-Step Process in Canada
Step 1: Getting Your Criminal Record from the RCMP
The first thing you generally need to do is obtain an official copy of your criminal record from the Royal Canadian Mounted Police (RCMP). You can do this by visiting an accredited fingerprinting agency or your local police station anywhere in Canada. You will need to explain that you are getting fingerprinted for a record suspension, and they will send your digital fingerprints directly to the RCMP headquarters in Ottawa. Within a few weeks, the RCMP will mail you your official criminal record or a certification of no record.
Step 2: Gathering Court Documents and Police Checks
Once you receive your RCMP record, you must gather all the supporting documents from the justice system. 📁 You need to contact the courthouse where your case was originally heard to get a certified Court Information Form. If your trial took place at the Ontario Court of Justice, the Provincial Court of Alberta, or a local courthouse in British Columbia, you must contact that specific clerk’s office. This form proves exactly how your charges were handled and confirms that you have paid all your fines. Additionally, you must obtain a Local Police Records Check from every local police service in the cities where you have lived for the past five years.
Step 3: Maintaining Good Conduct
The Parole Board of Canada will closely review your behaviour in the community before making a final decision. 🗝 You must demonstrate that you have been living a law-abiding lifestyle during your 5 or 10-year waiting period. If you get into trouble with the law again, or if the local police have a record of negative interactions with you, your application may be denied. Good conduct is a mandatory requirement for clearing your name.
Step 4: Filing at the Parole Board of Canada
After you have collected all the required forms, you must fill out the official application booklet completely. Once your package is securely put together, you mail it directly to the Parole Board of Canada. Generally, it is highly recommended to double-check every single page before mailing, as missing documents, unsigned forms, or incorrect dates can cause your application to be returned or severely delayed.
How Much Does it Cost?
People often wonder about the total financial expenses for clearing a federal criminal record. 💵 While the main government filing fee was significantly reduced a few years ago to make it more accessible, there are still other administrative costs involved in gathering your documents. Here is a breakdown of what most applicants can expect to pay:
| Expense Type | Estimated Cost |
|---|---|
| Parole Board of Canada Application Fee | $50 |
| RCMP Fingerprinting Fee | $25 – $100 |
| Local Police Records Checks | $50 – $100 per city |
| Court Information Forms | $0 – $30 per court |
| Passport-style Photos & Mailing | $25 – $40 |
While the steps might seem straightforward, the legal paperwork can feel overwhelming for many people. If you want to ensure your application is filled out flawlessly and avoid stressful delays, you might consider reaching out to a legal professional. Feel free to browse our directory of Canadian lawyers to find someone who can help guide you through the process.
How Long Does the Process Take?
The timeline for clearing your record depends heavily on the type of offence you committed and when you completed your punishment. ⌛ Before you can even begin counting the days to apply, you must complete your entire sentence. This means absolutely all fines, victim surcharges, and restitution must be paid in full. It also includes serving all jail time, finishing your parole, and completely finishing your probation period. Once you are entirely free of those court obligations, the mandatory clock starts.
- Summary Conviction Offences: You generally must wait a full 5 years after your sentence is complete before applying.
- Indictable Offences: The waiting period is usually 10 years after the completion of your sentence.
If you are unsure whether your offence was summary or indictable, your court documents will clearly specify this. Once you submit your application, the Parole Board of Canada has its own processing times. They generally take up to 6 months to process a summary offence application and up to 12 months for an indictable offence application. Gathering your documents from the police and courts before applying usually takes an additional 2 to 4 months.
Frequently Asked Questions (FAQ)
Can I travel to the United States if I get a Canadian record suspension?
A Canadian pardon does not guarantee entry into the United States. US Customs and Border Protection does not recognize Canadian record suspensions, and if they already have your criminal record in their system, you may still be denied entry. Most travellers in this situation choose to apply for a US Entry Waiver to cross the border legally.
What happens if I never paid my court fine?
Your waiting period of 5 or 10 years does not officially start until your entire sentence is completed, which includes paying all fines, victim surcharges, and restitution orders. If you have an unpaid fine from many years ago, you must pay it off first, and then your waiting period will begin from the date of your final payment.
Do I need to hire a lawyer to apply for a pardon in Canada?
No, you are not legally required to hire a lawyer or a pardon agency. You can complete the application yourself by following the official step-by-step guide provided by the Parole Board of Canada. However, if your case is complex or you do not have the time to track down old court documents, you may choose to hire a legal professional from our directory to assist you.
Does a record suspension erase my criminal history completely?
It does not completely erase the fact that you were convicted. Instead, it removes your record from the active CPIC database. This means it is kept separate and apart, and federal agencies will not disclose it without special permission from the Minister of Public Safety Canada. For everyday purposes, most employers and landlords will see a clean record during a standard background check.
What if the Parole Board denies my application?
If the Parole Board of Canada intends to deny your application, they will generally send you a formal notice giving you a chance to provide a written explanation or additional evidence of your rehabilitation. If the application is officially refused, you usually must wait one full year before you are allowed to submit a new application.
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