May 23, 2018

Will a Canadian pardon show up on a background check?

By AllCleared | 3 Min Read

A Canadian pardon, which is now called Record Suspension, will not show up on a background check. No one will be able to tell that you have a pardon once it has been granted. When you obtain a background check for an employer, it will come back as clear.

How does a Canadian pardon work?

When you are granted a Canadian pardon by the Parole Board of Canada, the RCMP will remove your record from the active database and seal it. Once it is sealed it cannot be released without the permission of the Minister of Public Safety, which is rarely given.As well, discrimination on the basis of a sealed record is generally prohibited in Canada, so employers will not ask you about pardons or Record Suspensions.

Vulnerable Sector check exception

The only exception to this in Canada would be if you had a sexual offence on your record and wanted to work or volunteer in a position where you would be in close contact with children or people who are vulnerable due to illness, age or disability. Some examples of this type of position would be:

  • Teaching
  • Healthcare jobs
  • Social Work
  • School or para-transit bus driver
  • Coaching

As well, it’s possible that local police departments may not remove your record right away. If you are applying for important jobs, you might want to first do a background check at a local police department to make sure. You can also request that a police check be sent to you and once you are assured that it is clear, forward it on to the employer.

Crossing the US border

The other place where your record might show up even if you have a pardon is at the US border. The US government does not recognize Canadian pardons, so they will still deny you entry even if you have a pardon.After 9/11, the Canadian and US governments agreed to share criminal record databases. In the past, it was believed that the US border would only rely on the most recent version of the database and would only flag you in the system if you tried to cross before getting a pardon. Now, it appears that they regularly download the database and can flag anyone regardless of whether they tried to cross before obtaining a pardon.For certain types of records, you will need a US Entry Waiver to visit the United States.

New offences

It’s important to keep your record clean after you receive a pardon. If you are convicted again, your record will be unsealed and will be revealed on background checks.Are you ready to seal your record and regain control of your life? Contact AllCleared for a free consultation. We’ll let you know if you are eligible and talk to you about next steps. Call today at 1-866-972-7366.