What Are the Benefits of a Record Suspension?

Originally published: July 3, 2020, Updated: May 16, 2024Record suspensions can be a major part of divorcing from your criminal past. Here's a rundown of the benefits and what they might mean for you.

What Is a Record Suspension?

A record suspension is an act that suspends an entry from your criminal record. The entry still exists, so it isn't outright erased. But being suspended means that it isn't subject to public scrutiny.Another way to look at this is that record suspensions seal general access to specific records. This brings up one of the major benefits: Even though your record still contains a full history, people like employers can't see the suspended parts.Of course, there are caveats to every legal mechanism. It's important to understand that the benefits of a record suspension only do so much. With that in mind, pursuing a record suspension is a smart idea for most people with a record.

What's the Difference Between a Record Suspension and a Pardon?

Record suspensions used to be known as pardons. This term wasn't quite as accurate from a technical standpoint — a suspended record doesn't mean your crime was forgiven.There are a few important legal distinctions too. The main thing to remember is that pardons apply to people whose crimes were committed before March 13, 2012. If you committed a crime on this date or later, you must seek a suspension instead.Pardons and record suspensions also have different eligibility criteria. Let's look at that now.

Who Is Eligible for a Record Suspension?

The eligibility criteria for record suspensions (and pardons) come from the Criminal Records Act (CRA). But the CRA has changed over time.Which rules govern your situation? Starting on March 19, 2020, the CRA stopped applying its changes retroactively. The laws that were in effect on the date of your first offense determine your eligibility criteria.In general, you can apply for a suspension if you were convicted of:

• A federal Canadian offense as an adult
• A crime in another country for which you were transferred to Canada as per the Transfer of Offenders Act or the International Transfer of Offenders Act.

Overview: The Different Waiting Periods and Eligibility Requirements

Everyone seeking a suspension needs to satisfy a waiting period. This period starts after your sentence is complete, including probation, imprisonment, and paying your fines.If you committed your first crime before June 29, 2010, the waiting period is 5 years for an indictable offense. It drops to 3 years for an offense punishable by a summary conviction.For offenses committed between June 29, 2010, and March 12, 2012, there are three waiting periods. Serious personal injury offenses carrying a prison term of two years or more and indictable Schedule 1 (sexual crimes involving children) offenses have a 10-year waiting period. Other indictable offenses and Schedule 1 summary convictions have 5-year waiting periods. All other summary offenses have 3-year waiting periods.For offenses committed on or after March 13, 2012, indictable offenses have a 10-year waiting period, and summary convictions have a 5-year waiting period. However, Schedule 1 offenses are no longer eligible. You're also ineligible if you were convicted of more than three indictable offenses that each had a sentence of at least two years.

Which Criminal Offenses Are Eligible for a Record Suspension?

Your eligibility depends on the type of crime you committed and the date of the offense. See the above breakdown for specifics, and remember that suspensions don't always happen strictly on a per-conviction basis.If you were convicted of a suspension-eligible offense in conjunction with other offenses that were ineligible, the parole board might not approve your application. This can trip people up who have cannabis convictions: Although simple possession offenses qualify for expedited record suspension processing, this is only allowed if you weren't convicted of other crimes along with the simple possession charge.The Parole Board of Canada (PBC) has the final say on who receives suspensions. Eligibility doesn't guarantee success.During your application, you'll need to answer a lot of questions designed to gauge whether you deserve a suspension. This includes questions about whether granting your request would provide you with a measurable benefit and sustain your rehabilitation as a law-abiding member of society.The board will also look at your subsequent police record, court information, military conduct, and other factors. No matter whether you're technically eligible, you have to make a good impression at this critical stage.

Completion of Sentence and Good Conduct

Completing your sentence doesn't just mean finishing your prison term. It covers everything, including paying any legal damages, surcharges, compensation, restitution, fines, and court costs. You also have to serve your probation, parole, statutory release, or conditional sentence. Only after you've satisfied all the requirements imposed on you can you begin your waiting period.During the waiting period, you need to demonstrate good conduct. In general, this means you should avoid trouble with the law — picking up a new indictable or summary offense may be all it takes to tank your chances. Not only can getting into trouble make you ineligible, but it can also cause a prior suspension to be revoked! Never make false statements or hide information on your application.

What Are the Benefits of a Record Suspension?

Enhanced Employment Opportunities

A record suspension can significantly improve your chances of securing employment. Employers won’t have access to your criminal record during routine background checks. This increased privacy lets you put your best foot forward.This is particularly helpful when you want to serve your community or country. It's easier to hold a position of trust, such as in caregiving or the military, when you can present yourself without past convictions weighing you down.

Improved Travel Opportunities

A record suspension doesn't guarantee you'll be able to enter other countries. But traveling internationally is often way easier with a clean record.Some countries deny entry to individuals with certain criminal histories. If you’ve faced travel restrictions due to past convictions, a record suspension may lift those limitations.Beyond travel, a suspended record may help you obtain a visa and permit for work, study, or immigration. It streamlines the process and reduces bureaucratic hurdles. Even though there are no guarantees, especially with international immigration, getting a suspension demonstrates you're making an effort.

Improved Education, Volunteer, & Other Opportunities

Some education programs may impose strict requirements based on your criminal history. This might be more common in specific fields, but it can impact your ability to enroll or qualify for financial aid.Volunteering opportunities are similar. Holding a position in certain sectors may require you to undergo a criminal record check, even if you're not getting paid. This frequently occurs when you're working with vulnerable individuals, such as the elderly, impaired, or children.Finally, some housing opportunities may require a criminal record check. This can be a legal gray area, but landlords are allowed to ask for your records. They can't access suspended information, however, which might help you get your foot in the door.

Peace of Mind

One of the biggest advantages of a record suspension is that it gives you peace of mind. You can move forward with your life without the stigma that holds you back. Your suspension may help you rebuild trust with others and show that you're committed to a more positive future.

How Do You Apply for a Record Suspension?

Once you've ensured you're eligible, you can apply for a suspension.

1. Gather the Necessary Documents

Collect your:

• Criminal Record: Obtain your complete criminal record or a Certification of No Criminal Record from the Royal Canadian Mounted Police (RCMP).
• Court information
• Local police records check
• Identity documentation
• Military Conduct Sheet (if applicable)
• Schedule 1 Exception Form (if applicable)
• Complete Application Forms: Fill out the record suspension application forms provided by the PBC. Be sure you respond accurately and thoroughly.

2. Pay the Application Processing Fee

At the time of this writing, the fee was $50.00. Expect to pay extra for things like fingerprints, copies of your criminal record, court documents, and police checks.

3. Review and Submit

Carefully review your application. It's better to delay your submission to ensure all information is accurate and complete than to include a mistake that might make you seem dishonest or extend the process. It may be smart to talk to an expert before submitting your application along with the required forms and fees.

Processing Timelines

The PBC processes applications according to the type of offense and when your application was accepted. Offenses tried summarily typically get processed within 6 months of application acceptance. Indictable offenses have a 12-month processing window. If the PBC is considering refusing your suspension, you could wait up to 24 months.

Conclusion

A record suspension can help you travel, hold down work, find housing, and contribute to your community. No matter what your specific goal is, it's easier to live life with the peace of mind you get from a clean history.Don’t let your criminal record hold you back. Check your eligibility for a record suspension online.