A record suspension is the modern term for what used to be called a pardon. This guide explains, in general terms, what a record suspension is, the general waiting periods that apply before someone can apply, offences that are permanently excluded, and what a record suspension does and does not do. It is general information only and does not replace legal advice or current official guidance for a specific situation. For a broader introduction to this topic, see our overview of criminal records in Ontario.
What Is a Record Suspension?
A record suspension is a process, set out in the federal Criminal Records Act and administered by the Parole Board of Canada, that can result in a person's criminal record being kept separate from other criminal records and generally removed from the Canadian Police Information Centre database, so that it does not show up in most background checks. It is a federal process, so it applies the same way across the country, including in Ontario.
"Pardon" vs. "Record Suspension"
Before 2012, this process was generally referred to as a pardon. Legislative changes replaced that term with "record suspension" for most purposes going forward, although the older term is still sometimes used informally, and some historical grants under the earlier system continue to be referred to as pardons. The two terms generally refer to the same basic concept, though the specific rules that apply, including waiting periods and eligibility, have changed over time, which is discussed further below.
General Waiting Periods
Under the current framework, a person is generally required to wait a set period after completing their entire sentence, including any fine, probation, or conditional sentence, before applying for a record suspension. The waiting period is generally five years for an offence prosecuted by summary conviction and ten years for an offence prosecuted by indictment. These figures reflect changes made to the Criminal Records Act that took effect in 2012, which lengthened the waiting periods that had applied previously.
Because eligibility rules and waiting periods have been amended more than once, and because the specific facts of a case, such as how an offence was prosecuted, affect which waiting period applies, anyone considering an application should confirm current requirements directly with the Parole Board of Canada or with a lawyer, rather than relying solely on the general figures described here.
When the Waiting Period Begins
The waiting period is generally measured from the date the entire sentence has been completed, which can include the end of a custodial sentence, the completion of probation, full payment of any fine, and completion of restitution, where ordered. This means the waiting period does not necessarily begin on the date of conviction or sentencing itself, but rather once every component of the sentence has been fully satisfied. Our page on sentencing explains the different kinds of sentences that can make up an overall sentence in a case.
Offences That Are Permanently Ineligible
Certain serious offences are permanently excluded from record suspension eligibility altogether, regardless of how much time has passed. Following the Limiting Pardons for Serious Crimes Act and related amendments incorporated into the Criminal Records Act, sexual offences committed against a minor generally fall into this permanently ineligible category, subject to a narrow exception the legislation provides in limited circumstances, such as certain cases involving a small age gap between the parties.
Because the list of offences treated this way, and the scope of any exception, is defined by specific schedules within the legislation and can be technical to apply to an individual case, anyone with a conviction that might fall into this category should confirm their specific eligibility directly with the Parole Board of Canada or with a lawyer, rather than assuming eligibility either way based on a general description.
Record suspension eligibility rules have changed more than once since 2010, including the length of waiting periods and permanent exclusions for certain serious offences. Confirm current, case-specific eligibility with the Parole Board of Canada or a lawyer rather than relying on older or general information.
Other Grounds for Ineligibility
Beyond the permanent exclusion for certain sexual offences against minors, other factors can affect eligibility for a record suspension, such as having multiple convictions for indictable offences with significant sentences, or having outstanding charges or an unpaid fine connected to a relevant conviction. The specific eligibility rules are detailed and depend on an individual's full record and circumstances, which is another reason a general overview like this one cannot substitute for a case-specific eligibility review.
What a Record Suspension Generally Does
Where granted, a record suspension generally results in the relevant conviction being removed from the Canadian Police Information Centre database and kept separate from other criminal record information, so that it generally does not appear on a standard criminal record check. This can make a meaningful difference for things like employment and volunteer opportunities that require a basic record check.
Limits of a Record Suspension
A record suspension does not erase or destroy the underlying record; it is kept separate rather than deleted, and it can, in specific and limited circumstances, still be disclosed. For example, certain vulnerable-sector checks, which are generally used for positions involving work with children or other vulnerable people, may in some circumstances be able to access information about a suspended record connected to a relevant sexual offence, subject to the specific rules that apply to that type of check. This is one of the more important limits to understand, since a record suspension is not the same as having no record at all in every possible context.
A record suspension also generally applies to federal records and processes; it does not necessarily affect every private or provincial record-keeping system, and some information connected to an offence, such as certain court records, may still exist separately. Our overview of criminal records in Ontario discusses this broader landscape of different record types in more detail.
When a Record Suspension Can Be Revoked
A record suspension is not necessarily permanent once granted. It can generally be revoked, for example if the person is later convicted of a new indictable offence, or if it is found that the person was not eligible when it was granted, or if the person is later found to no longer be of good conduct in a manner connected to the earlier offence. Revocation would generally result in the earlier record becoming visible again in relevant checks.
Applying for a Record Suspension
An application for a record suspension is made to the Parole Board of Canada and generally requires supporting documentation, such as court records and proof that all components of the sentence have been completed, along with the applicable processing fee. Given the technical eligibility rules described above, many people find it helpful to get advice from a lawyer, or to use official Parole Board of Canada guidance directly, before applying, to confirm eligibility and ensure the application is complete.
Frequently Asked Questions
Is a record suspension the same as a pardon?
They refer to essentially the same concept. "Pardon" was the term generally used before 2012, when legislative changes replaced it with "record suspension" going forward, though the older term is still used informally.
How long do I have to wait before applying?
The general waiting period is five years for a summary conviction offence and ten years for an indictable offence, measured from completion of the entire sentence. Confirm the current rule for a specific situation with the Parole Board of Canada or a lawyer.
Are all offences eligible for a record suspension?
No. Certain serious offences, particularly sexual offences against minors, are generally permanently ineligible, subject to a narrow statutory exception. Other factors, such as multiple indictable convictions, can also affect eligibility.
Does a record suspension erase my criminal record?
No. It generally keeps the record separate and removes it from most background checks, but it does not destroy the underlying record, and it can, in limited circumstances, still be disclosed, such as in certain vulnerable-sector checks.
Can a record suspension be taken away later?
Yes, it can generally be revoked, for example following a new indictable conviction or if it is later found the person was not actually eligible when it was granted.
Who administers record suspensions in Canada?
The Parole Board of Canada administers record suspensions under the federal Criminal Records Act. This applies the same way across Canada, including Ontario.
Do I need a lawyer to apply for a record suspension?
It is not strictly required, but given the technical eligibility rules, many applicants find legal advice, or careful use of official Parole Board of Canada guidance, helpful before applying.