A criminal record shows up when you apply for a job, rent an apartment, volunteer, or cross a border, often years after the case itself is over. A record suspension, still commonly called a pardon, is the way to set that record aside so it no longer appears on a standard background check. This guide explains what a record suspension is, who qualifies, what it costs, and how to apply, using the rules the Parole Board of Canada applies.
A record suspension is a federal process, so the rules are the same across the country. For people in Ontario, the police checks and much of the paperwork come from Ontario services, and that is explained below.
What Is a Record Suspension?
A record suspension is an order from the Parole Board of Canada that keeps your criminal record separate from other records. Once it is granted, your convictions no longer appear on a standard criminal record check. The program was called a “pardon” until 2012, and most people, including the Parole Board, still use both terms.
What a Record Suspension Does Not Do
A record suspension sets your record aside. It does not erase it:
- It does not delete the conviction. You can honestly say you have no disclosable record, but not that you were never convicted.
- It does not remove a sexual offence flag. A record tied to a sexual offence stays flagged and still appears on a vulnerable sector check.
- It does not lift a weapons or driving prohibition. Those are separate orders.
- It does not clear you at the United States border. The US does not recognize a Canadian record suspension, and US travel is a separate process, explained later on this page.
- It may not end every disclosure obligation. Some regulated professions and federal security clearances can still require you to disclose a suspended record.
Do You Need a Record Suspension?
Many people apply for a record suspension they do not need. Two situations do not require one, and in both, you can ask the police service that fingerprinted you to destroy those records.
If Your Charge Did Not End in a Conviction
A charge that was withdrawn, stayed, or ended in an acquittal is not a conviction, so there is nothing to suspend.
If You Received a Discharge
An absolute or conditional discharge is a finding of guilt without a conviction, and it is removed from the record system automatically: an absolute discharge after one year and a conditional discharge after three years. You do not apply, and you do not pay.
Who Is Eligible
To apply, you must first have completed your entire sentence. That includes:
- All jail time, conditional sentences, parole, and statutory release
- All probation orders
- All fines, surcharges, restitution, and compensation orders, paid in full
Once your sentence is fully complete, the waiting period begins: five years for a summary conviction, and ten years for an indictable conviction. If your record has both, the ten-year period applies to the whole record. One point that surprises people: a weapons or driving prohibition does not have to expire before the waiting period starts.
Two groups cannot apply. People convicted of a sexual offence involving a minor, with limited exceptions, and people convicted of more than three indictable offences, each carrying a sentence of two or more years.
The Cannabis Exception
There is a separate, faster path for one situation. A person convicted only of simple possession of cannabis can apply for a cannabis record suspension with no waiting period and no application fee. The Parole Board processes these administratively. If you were convicted of anything else alongside the possession, the regular process applies.
The Good Conduct Requirement
Through the waiting period and up to the decision, you must be of good conduct. That means no new convictions, no outstanding charges, and generally law-abiding behaviour. The Parole Board can refuse an otherwise eligible application if it decides this requirement is not met.
How to Apply, Step by Step
You do not need a lawyer or a paid agency to apply. The Parole Board provides the guide and every form for free. The application has six parts.
Get Your Criminal Record
Have your fingerprints taken at an accredited fingerprinting company or a police service that submits electronically, and request your certified criminal record from the RCMP. You are responsible for making sure every conviction appears on it.
Get Your Court Documents
Contact each court where you were convicted and obtain the documents showing the details of the conviction and proof that the sentence, including all fines, is complete.
Get Local Police Record Checks
Request a check from the police service in every city or town where you have lived for three months or more during the last five years. In Ontario, these come from your local police service.
Provide Proof of Identity
Include a clear photocopy of a valid government-issued document showing your name, date of birth, and signature.
Complete the Parole Board Application
Fill out the application forms, including the section describing your conduct since the conviction. Answer every question completely and truthfully, because a false or misleading statement can lead to a refusal or later revocation.
Pay the Fee and Submit
Include the $50 application fee and mail the complete package to the Parole Board of Canada. Beyond the fee, expect to spend roughly $150 to $400 in total on fingerprints, records, and court documents, depending on the services you use.
How Long It Takes
Once the Parole Board accepts your application as complete, it aims to decide within about six months for a summary conviction and about twelve months for an indictable one. The most common cause of delay is an incomplete package, which the Board returns before processing. A careful, complete application is the surest way to avoid months of waiting.
Do You Need to Pay a Company to Apply?
No. Paid pardon services advertise heavily, but the Parole Board accepts applications directly; the fee is only $50, and the forms are free. Using one is not required and does not change the eligibility rules the Board applies. Where a company or a lawyer can genuinely help is a complicated file, an uncertain eligibility date, or a past application that was refused.
Will a Record Suspension Let You Enter the United States?
A record suspension clears your record for Canadian purposes, but it has no effect at the United States border. US authorities keep their own records and do not recognize a Canadian suspension. If a conviction makes you inadmissible to the US, the remedy is a US entry waiver, a separate application through US authorities that must be renewed periodically.
Can a Record Suspension Be Taken Away?
Yes. The Parole Board can revoke a record suspension if you are convicted of a new offence, if it finds you are no longer of good conduct, or if it learns the application contained false information. A revocation brings the old record back into view.
Where to Get Help in Ontario
The paperwork can be gathered on your own, but help exists. Your Ontario police service handles the record checks, some Ontario Works offices help cover the cost for those on assistance, and the John Howard Society of Ontario assists people through the process.
A criminal lawyer is worth consulting where eligibility is unclear, where a past application was refused, or where the conviction affects your immigration status, your work, or travel. That conviction came out of the criminal court process in Ontario, which our full guide explains from charge to record.
Speak With a Criminal Lawyer in Orangeville
If a criminal record is holding you back and you are not sure where you stand, a lawyer can confirm your eligibility, help you avoid the mistakes that delay applications, and advise you where your situation is complicated.
Foote Law helps people across Ontario move past a criminal record, from our office in Orangeville and virtually throughout the province. We accept Legal Aid Ontario certificates. Contact Foote Law today to schedule a confidential consultation.
