Record Suspensions

As an immigration and criminal defence lawyer based in Windsor, Ontario, Christina Loebach helps persons with Canadian criminal convictions apply for record suspensions (formerly called “pardons”). This blog post briefly examines the record suspension process in Canada.

What is a Record Suspension?

A record suspension allows people who were convicted of a criminal offence in Canada to apply to have their criminal record kept separate and apart from other criminal records.  It does not “erase” the conviction. Rather, it has the effect of removing a person’s record from the Canadian Police Information Centre (CPIC) database, which means that a criminal background search will not show that the individual has a criminal record or a record suspension. There are some limited circumstances where the record suspension will still appear - for example, record suspensions related to a sexual offence will still be revealed on a vulnerable sector check.

For Canadian immigration purposes, a record suspension must be obtained to overcome criminal inadmissibility for convictions inside of Canada. For more information on overcoming criminal inadmissibility, check out our blog post on the topic.

Eligibility for a Record Suspension

Eligibility for a record suspension is based on the number of years that have passed since the conviction(s) as well as the applicant’s dedication to maintaining a stable, crime-free life since the conviction(s). The exact passage of time depends on when the conviction(s) occurred. For applicants with convictions spanning multiple incidents, the application will be processed using the Criminal Records Act eligibility criteria in place at the time of the applicant’s first offence, rather than the date of the applicant’s first conviction.

First Offence Date - Before June 29, 2010

After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is 5 years for an offence prosecuted by indictment or 3 years for an offence punishable on summary conviction.

First Offence Date - Between June 29, 2010 - March 12, 2012

After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is 10 years for any serious personal injury offence per s. 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to a prison term of 2 years or more, or an offence referred to in Schedule 1 that was prosecuted by indictment. The waiting period is 5 years for any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction, and 3 years for an offence other than the ones mentioned above, that was punishable on summary conviction.

First Offence Date - On or after March 13, 2012

After the expiration of any sentence including imprisonment, probation and the payment of any fine(s), the waiting period is 10 years for an offence prosecuted by indictment or 5 years for an offence punishable on summary conviction. A person is ineligible for a record suspension if they have been convicted of an offence referred to in Schedule 1, or have been convicted of more than 3 offences prosecuted by indictment, each with a sentence of 2 years or more.

International Travel

Obtaining a record suspension does not automatically mean that the person will be guaranteed entry or visa privileges to another country. Every country has its own entry requirements for foreign nationals, and they may or may not recognize a foreign record suspension.

Conditional & Absolute Discharges

A record suspension is not required for a conditional or absolute discharge. This is because no conviction is registered. After the applicable time frame (generally 3 years for a conditional discharge, and 1 year for an absolute discharge), the RCMP automatically seals the record - there is no need to apply unless the discharge occurred prior to July 24, 1992.

Having a criminal record may have a serious and lasting impact on many aspects of your life, including but not limited to employment, travel, immigration, and renting a home. If you are interested in working with Christina to apply for a record suspension, please schedule a consultation.