Originally published: April 24, 2012, Updated: April 17, 2024
What Is a Canadian Pardon?
A Canadian pardon, or record suspension, is a mechanism that helps people move past their criminal histories. Its main function is to seal criminal records from public access. If you get a suspension, you can ensure that people won’t see your offense during a background check.
But record suspensions aren’t universal. The Parole Board of Canada (PBC) will only issue them under certain circumstances. Only some crimes are eligible, and each decision happens on an individual basis.
Effects of a Pardon on Your Criminal Record
A pardon doesn’t erase your criminal record. The information about your offenses remains in the national Canadian Police Information Centre (CPIC) database. What changes, however, is how this data shows up.
A convicted offense that’s been pardoned is set aside. This means someone who searches for your records using CPIC’s services won’t see the pardoned entries. This may increase your odds of passing a background check, which can lead to better employment opportunities.
One important note is that record suspensions for sexual offenders get flagged. Although the background check won’t go into detail, searchers can see that you received a conviction of this nature. This usually affects those working in vulnerable sectors like childcare or elder care.
Eligibility for a Canadian Pardon
You’re allowed to apply for a pardon if you were convicted of a Canadian crime as an adult. You can also apply if you were convicted overseas and transferred as a prisoner.
Next, you’ll have to have completely served your sentences. This means paying fines, damages, surcharges, restitution, and compensation. It also entails completing your conditional sentence, parole, probation, statutory release terms, and imprisonment. The only exception is that you can apply with a current driving or weapons prohibition in effect.
Lastly, you’ll need to complete a waiting period. This starts after you’ve finished your sentences and varies based on when you committed your first offense. The waiting period can range from 3-10 years — check the official PBC site to see what applies to you.
Remember that you should demonstrate good conduct during these timeframes. If you get in trouble with the law again, you can still apply, but you might be rejected.
The Application Process
Applying for a Canadian pardon takes effort. You’ll need to:
- Obtain your criminal record and get officially fingerprinted.
- Get detailed court reports and local police records for each conviction.
- Provide identifying documents.
- Fill out the Record Suspension Application Form in full.
- Complete a Measurable Benefit/Sustained Rehabilitation Form explaining how a pardon will benefit you and further your rehabilitation.
- Pay the processing fee.
These are the minimum requirements — things can vary depending on your case. For example, current and past members of the Canadian Armed Forces need to supply their Military Conduct Sheets or official military letters explaining why these documents aren’t available. People who committed Schedule 1 crimes (sexual offenses involving children) must fill out an Exception Form proving they’re eligible for a pardon.
Benefits of Obtaining a Canadian Pardon
Having a cleared criminal record opens up new avenues of opportunity. It’s often easier to get jobs, start businesses, and reintegrate into society. Although a suspension doesn’t guarantee you’ll be able to travel, it may ease border crossings and visa applications.
One of the most profound advantages is that a suspension can offer a sense of closure. If you’ve paid your debt to society, then getting a pardon lets you move on confidently.
Conclusion
The Canadian pardon process doesn’t completely clear your criminal records. But it can make your history easier to live with by excluding certain offenses from background checks and lookups. Applying for a pardon can be a huge step forward if you want to travel, do business, and be a productive member of society.
If you have a criminal record, you might benefit from looking into a pardon. To take control of your future, check your eligibility for a Canadian pardon online.