What is a record suspension in Canada?

A record suspension is the Canadian government word for a pardon. The name was changed in 2012 following legislation introduced by the Conservative government under Stephen Harper.

The program is run by the Parole Board of Canada and allows someone who has been convicted of a crime to have the criminal record removed. This allows people who have paid their debt to society to continue in life without the stigma of a criminal record.  Most notably it allows for job applicants to perform criminal record background checks

Anyone in Canada who has been convicted of a crime can eventually apply for a record suspension. The applicant must satisfy all court demands then wait a certain number of years before becoming eligible to apply for a record suspension.

During the waiting period which is either 3, 5 or 10 years (depending on the type and the severity of the crime) anyone applying for a pardon must have stayed out of trouble with the law. If there was any police involvement the eligibility period may be extended.

People convicted of certain crimes are not eligible for a record suspension. Most notably, anyone with charged with a crime of sexual nature that involves a minor is not eligible for a record suspension.

Anyone who has been convicted of 4 or more crimes and sentenced to more than 2 years in prison for each occurrence is not eligible for a record suspension.

Applying for a record suspension is a length and time consuming process although it is possible to apply on your own through the Parole Board of Canada. There are 9 steps required to successfully complete a record suspension application. These include:

• Step 1 – Get your Criminal Record
• Step 2 – Get your Court Information
• Step 3 – Get your Military Conduct Sheet
• Step 4 – Get your local police record check(s)
• Step 5 – Get a copy of your document to support your identity
• Step 6 – Complete the Schedule 1 – Exception Form
• Step 7 – Fill in the Record Suspension Application Form
• Step 8 – Complete the Measurable Benefit/Sustained Rehabilitation Form
• Step 9 – Provide the Payment of the Application Processing Fee

The complete application process can be viewed here:

https://www.canada.ca/en/parole-board/services/record-suspensions/applying-for-a-record-suspension.html

The process to obtain a record suspension in lengthy and time consuming. Furthermore, it also must be done in a specific order so that certain documents do not expire before the application is complete.

While it is impossible to provide exact time frames for obtaining a record suspension, we are can provide averages based on our operating experience.

A typical record suspension application will take approximately 1 years to complete. This assumes that the applicant is currently eligible or soon will be.

Although we normally see applications completed with a year of starting it is possible for some cases to be done in as little as 6 months. Cases that are complicated or applicants with extensive and/or severe criminal records can often take up to 2 years to complete.

After completing a record suspension, a background check will not reveal that a record suspension was obtained. It will indicate the same information as if the individual had never been arrested to begin with, specifically that there is no information to report.

A record suspension can also help people who wish to volunteer in their community. It also provides a sense of well being by providing peace of mind.

It should be noted that the criminal record is not destroyed. Instead, it is set apart from the main repository of criminal records. The information is kept separate from active criminal records and any standard background check will not reveal any information about the applicant’s criminal history.

Furthermore, if someone who has been granted a record suspension is committed of another crime the record suspension will be revoked and the entire criminal history will become active.

At the National Pardon Centre, we provide FREE consultation services. Please feel free to contact us to discuss your case. We provide honest evaluations and will not open a case if we think the application cannot be submitted successfully.