To remove a criminal conviction from public view in Canada, you must apply to the Parole Board of Canada for a Record Suspension. You must wait 5 to 10 years after completing your entire sentence before applying, and the mandatory government processing fee is currently $50 CAD.
A criminal record can feel like a heavy anchor dragging down your future. Even a minor summary conviction from years ago in Markham can prevent you from securing a dream job, renting an apartment, or volunteering at your child’s school. Fortunately, the Canadian justice system believes in rehabilitation. Once you have served your sentence and proven that you are a law-abiding citizen, you can apply to have your record sealed.
In Canada, what used to be known as a “pardon” is now legally referred to as a “Record Suspension.” This process removes your criminal record from the active database of the Canadian Police Information Centre (CPIC). While the application process is rigorous and requires gathering documents from various agencies, following a step-by-step approach ensures your application will not be rejected for administrative errors.
Step-by-Step Process to Apply for a Record Suspension
You do not necessarily need a criminal defence lawyer to file this application, but you must be highly organized. The Parole Board of Canada (PBC) provides a free application guide, and you must strictly follow these steps.
Step 1: Obtain Your Criminal Record from the RCMP
The first step is getting an official copy of your criminal record from the RCMP. You must go to an accredited fingerprinting agency in Markham or the York Regional Police station to have your fingerprints taken electronically. Request a “Criminal Record Check for a Record Suspension.” The RCMP will mail the official document back to you.
Step 2: Request Your Court Documents
Once you have your RCMP record, you must obtain formal proof that you completed your sentence. Contact the Newmarket Courthouse (or whichever court convicted you) and request your “Court Information” forms. You must prove that all fines, restitution, and victim surcharges have been paid in full. The waiting period for a Record Suspension does not start until the day your last fine is paid.
Step 3: Get a Local Police Record Check
The Parole Board wants to ensure you have not been involved in any recent criminal activity. You must obtain a Local Police Records Check from the York Regional Police (if you live in Markham) and from any other police service in a city where you have lived for the past five years.
Step 4: Submit to the Parole Board of Canada
Assemble all your documents, fill out the official Record Suspension Application Form, and attach a photocopy of your government-issued ID. You will also need to include a bank draft or money order for the application fee. Mail the complete package to the Parole Board of Canada in Ottawa.
How Much Does a Record Suspension Cost?
While the government recently lowered the main application fee, there are still several administrative costs associated with gathering your documents.
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Parole Board of Canada Fee | The mandatory government fee to process your application. | $50 CAD |
| Fingerprinting & RCMP Fee | Costs paid to a local agency and the RCMP to run your prints. | $65 to $100 |
| Local Police Check | Fee paid to the York Regional Police for your local background check. | $60 to $80 |
Some people choose to hire a legal professional or a pardon agency to handle the paperwork. If you do, expect to pay an additional $600 to $1,500+ in service fees. 💰
How Long Does the Process Take?
The most important timeline is the mandatory waiting period. After you complete your entire sentence (including probation and paying all fines), you must wait five years for a summary conviction or 10 years for an indictable offence. Once you are eligible and submit your application, it takes the Parole Board of Canada approximately 6 months to process a summary conviction application, and up to 12 months for an indictable offence.
Frequently Asked Questions (FAQ)
Does a Record Suspension completely erase my criminal record?
No. A Record Suspension seals your record; it does not erase it permanently. If you are convicted of a new criminal offence in the future, your Record Suspension can be revoked, and your old charges will reappear on your record.
Will a Record Suspension allow me to travel to the USA?
Not necessarily. US Customs and Border Protection does not recognize Canadian Record Suspensions. If the US border guards already have your criminal history on file, you will still need to apply for a US Entry Waiver to cross the border.
Do I need a lawyer to apply for a pardon?
No, you do not need a lawyer. The application forms are designed to be filled out by the public. However, if your case involves complex convictions or you struggle with paperwork, a lawyer or pardon agency can ensure it is done correctly.
Can sexual offences be pardoned?
Generally, individuals convicted of sexual offences involving a child are completely ineligible for a Record Suspension in Canada. For other severe indictable offences, the Parole Board assesses applications on a strict case-by-case basis.
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