A summary conviction stays on your RCMP criminal record permanently unless you successfully apply for a record suspension (formerly called a pardon). In Canada, you must wait exactly 5 years after completing your entire sentence before you are eligible to apply to the Parole Board of Canada.
Having a criminal record in Hamilton can make it incredibly difficult to find a good job, rent an apartment, or volunteer in your community. Many people mistakenly believe that minor crimes, known as summary convictions, automatically disappear from their record after a few years. Unfortunately, this is not how the Canadian justice system works.
This guide explains exactly how long a summary conviction stays on your record in Hamilton, Ontario. We will walk you through the mandatory waiting periods, how the federal record suspension process works, and what you need to do to finally clear your name.
Step-by-Step Process in Hamilton, Ontario
Whether you were convicted at the John Sopinka Courthouse in downtown Hamilton or another local court, criminal records are maintained federally by the RCMP. Applying for a record suspension is a federal process, meaning the rules are the exact same for everyone in Canada. Most applicants in this province choose to hire a criminal defence lawyer to ensure their paperwork is perfect.
Step 1: Complete Your Entire Sentence
The waiting period for a record suspension does not begin on the day you were convicted. It begins on the day you finish every single part of your sentence. This includes paying all court fines, completing any period of probation, and serving any required jail time. If you still owe a fine at the Hamilton courthouse, your timeline has not even started yet.
Step 2: Wait the Mandatory Five Years
For a summary conviction, Canadian law requires a mandatory waiting period of 5 years. ⋯ During this five-year period, you must maintain good conduct and not be charged with any new criminal offences. If you are convicted of an indictable offence (a more serious crime), the waiting period increases to 10 years.
Step 3: Gather Local Police and Court Records
Once the waiting period is over, you must gather your official documents. You will need to get a certified criminal record check from the RCMP using digital fingerprints. Next, you must request your local police records from the Hamilton Police Service, and obtain certified court documents directly from the John Sopinka Courthouse to prove your sentence was fully completed.
Step 4: Submit Your Application to the Parole Board of Canada
After compiling the massive application package, you will submit it to the Parole Board of Canada (PBC). The Board carefully reviews your file to ensure you have been of good conduct. If approved, your summary conviction is separated from the public RCMP database, meaning it will no longer appear on standard background checks.
How Much Does it Cost in Hamilton?
Applying for a record suspension involves several administrative fees and potential legal costs.
- Parole Board Application Fee: The official government fee to process a record suspension application is currently $50 CAD.
- Fingerprinting and Police Checks: Getting digital fingerprints and local record checks from the Hamilton Police Service usually costs between $50 and $100 CAD.
- Court Document Fees: Requesting certified copies of your sentencing documents from the courthouse may cost around $20 to $50 CAD.
- Lawyer Fees: If you hire a criminal defence law firm to handle the complex paperwork, expect to pay between $1,000 and $2,000 CAD for their services.
Comparing Conviction Types and Wait Times
| Type of Conviction | Mandatory Waiting Period | Severity Level |
|---|---|---|
| Summary Conviction | 5 Years (after sentence completion) | Less serious (e.g., minor theft, simple assault). |
| Indictable Offence | 10 Years (after sentence completion) | More serious (e.g., aggravated assault, robbery). |
How Long Does the Process Take?
You must first wait the mandatory 5-year period for a summary conviction. Once you submit your completed application to the Parole Board of Canada, the federal government aims to process summary conviction applications within 6 months. However, gathering your local police checks, court records in Hamilton, and RCMP fingerprints can take 3 to 6 months before you are even ready to submit the package.
Frequently Asked Questions (FAQ)
Does a record suspension delete my criminal record?
No, it does not erase or delete the record. A record suspension simply sets the record aside and restricts access to it. It will not show up on a standard criminal background check for a job, but it remains in a secure RCMP database and can be reactivated if you commit another crime.
Can I travel to the United States with a summary conviction?
The United States does not recognize Canadian record suspensions. U.S. Customs and Border Protection may still see your past conviction and can deny you entry. To legally cross the border, you generally need to apply for a U.S. Entry Waiver, which is a completely separate legal process.
What happens if I get a conditional discharge instead?
If you received an absolute or conditional discharge, you do not have a permanent criminal conviction. A conditional discharge is automatically purged from the RCMP system 3 years after your probation ends, without you needing to apply for a formal record suspension.
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