Record Suspension Applications
Professional assistance with criminal record suspension applications to the Parole Board of Canada
What is a Record Suspension?
A record suspension, formerly called a pardon, allows people who were convicted of a criminal offence but have completed their sentence and demonstrated law-abiding behaviour for a prescribed period to have their criminal record kept separate from other criminal records. Once a record suspension is granted, your criminal record is removed from the Canadian Police Information Centre database and will not show up on standard criminal background checks conducted by most employers, landlords, volunteer organizations, and educational institutions.
A record suspension doesn’t erase the fact that you were convicted or make the conviction disappear completely. It means your record is set aside and sealed, kept separate and apart from other criminal records. The record can only be accessed in limited circumstances defined by law, such as when you apply for vulnerable sector screening or if you’re charged with a new offence. For most practical purposes, having a record suspension means your criminal record no longer creates barriers to employment, housing, education, volunteering, and international travel to countries that accept record suspensions.
As a licensed paralegal authorized to prepare and submit record suspension applications, I handle the entire process from determining eligibility through gathering required documents, completing application forms, liaising with police services and courts, and submitting applications to the Parole Board of Canada. The application process is detailed and requires accurate completion of numerous forms, collection of documents from multiple agencies, and proper presentation to meet Parole Board requirements.
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Record Suspension Eligibility Requirements
Not everyone with a criminal record qualifies for a record suspension. The Parole Board of Canada has specific eligibility requirements based on the type of conviction, when your sentence was completed, and your conduct since completing your sentence. Understanding these requirements helps you determine whether you’re eligible now or when you will become eligible.
Waiting Periods After Sentence Completion
You must wait a specific period after completing all parts of your sentence before applying for a record suspension. For summary conviction offences, which are less serious charges prosecuted under a simplified procedure, the waiting period is five years from the date you completed your entire sentence including any probation, fines, restitution orders, or other penalties. For indictable conviction offences, which are more serious charges, the waiting period is ten years from the date you completed your entire sentence. The waiting period only begins after everything is finished – not from the date of conviction, and not from when you were released from custody if your sentence included probation or other conditions afterward. Many people think they’re eligible because their court case was years ago, but if they were on probation or still paying court-ordered fines, their waiting period hasn’t started yet. Accurate calculation of when your sentence was fully completed is the critical first step in determining current eligibility.
Complete Sentence Requirement
Before you can apply for a record suspension, you must have fully completed every part of your sentence. This includes serving any jail time, finishing all probation periods, paying all fines imposed by the court, paying all victim surcharges, completing all restitution orders to compensate victims for losses, finishing all community service hours, and complying with all other court-ordered conditions. If you still owe money on fines or restitution, or if any probation conditions haven’t been completed, you cannot apply until everything is finished. Many people discover they’re ineligible because they forgot about an old fine that was never paid or weren’t aware that a restitution order was part of their sentence. Before beginning the application process, you need documentation confirming that all elements of your sentence have been satisfied. This requires obtaining records from the courts where you were sentenced and sometimes from probation offices or collection agencies if fines were outstanding.
Criminal Conduct Since Conviction
During the waiting period, you must not have been convicted of any new criminal offences. If you’re charged with a new offence while waiting to apply or while your application is being processed, your eligibility is suspended until that charge is resolved. If you’re convicted of a new offence, your waiting period starts over from the completion of that new sentence. This means any criminal activity during the waiting period significantly delays or prevents record suspension. The requirement is specifically about convictions, not charges – being charged but not convicted doesn’t automatically make you ineligible, though the Parole Board will consider pending charges when assessing whether granting a record suspension would bring the administration of justice into disrepute. Demonstrating a sustained period of law-abiding behaviour is essential to record suspension eligibility because the purpose is to recognize rehabilitation and reintegration of people who have moved past their criminal conduct.
Ineligible Convictions
Some convictions make you permanently ineligible for a record suspension. You cannot get a record suspension if you’ve been convicted of a Schedule 1 offence under the Criminal Records Act, which includes serious sexual offences involving children, multiple sexual offences, or more than three convictions prosecuted by indictment where each conviction carried a prison sentence of two years or more. Sexual offences against minors are permanently ineligible regardless of when they occurred or how long ago the sentence was completed. This permanent bar reflects the seriousness of these offences and public policy concerns about removing records of offences that involved vulnerable victims. If you have any convictions that might fall into ineligible categories, careful legal review is essential before investing time and money in an application that cannot succeed. The Parole Board maintains detailed lists of offences that create permanent ineligibility, and determining whether specific convictions fall within these categories requires examining the exact charges and how they were prosecuted.
How a Record Suspension Helps You
Having a criminal record creates significant barriers in many areas of life. A record suspension removes most of these barriers by keeping your record separate from other criminal records so it doesn’t show up on standard background checks. Understanding these benefits helps you evaluate whether pursuing a record suspension is worthwhile for your situation.
Employment Opportunities
Most employers conduct criminal background checks before hiring. With a suspended record, standard criminal record checks return clear results, removing a major barrier to employment. This opens opportunities in fields where criminal records disqualify candidates even if convictions were years ago and unrelated to job duties. You can compete for positions without explaining past convictions during interviews.
Professional Licensing
Many professional licenses and certifications require clean criminal record checks. With a record suspension, you can pursue licensing in trades, healthcare support roles, security positions, real estate, insurance, and other regulated fields. Record suspensions don’t guarantee licensing approval, but they remove the automatic barrier that criminal records create in licensing processes.
Housing and Rental Applications
Landlords increasingly run criminal background checks on rental applicants. A criminal record can lead to rental application rejections regardless of income, references, or credit history. With a suspended record, you won’t face this barrier when applying for housing. This is particularly important in competitive rental markets where landlords can be selective about tenants.
Volunteering Opportunities
Organizations working with children, vulnerable adults, or handling financial responsibilities require criminal record checks for volunteers. Many people with past convictions want to volunteer with youth sports, schools, community organizations, or charitable groups but are prevented by their records. A record suspension allows you to pass standard volunteer screening and contribute to community organizations.
International Travel
Some countries deny entry to people with criminal records or require special waivers that are expensive and time-consuming. The United States is particularly strict about criminal records and can deny entry at the border based on Canadian criminal history. While a Canadian record suspension doesn’t guarantee entry to other countries, it removes the record from standard databases that foreign border agencies access, reducing scrutiny for casual travel.
Educational Opportunities
Some educational programs, particularly those involving placements in schools, healthcare facilities, or justice system settings, require criminal record checks for admission. A criminal record can prevent entry into programs that would lead to career opportunities. With a suspended record, you can pursue education and training without this barrier blocking your path to career advancement.
Immigration Sponsorship
Criminal records can affect your ability to sponsor family members for Canadian immigration or can create issues if you’re a permanent resident applying for citizenship. While record suspensions don’t automatically resolve immigration issues, they demonstrate rehabilitation and can strengthen applications by showing the offence is no longer an active part of your record.
Peace of Mind
Beyond practical barriers, carrying a criminal record creates ongoing anxiety about background checks and disclosure requirements. A record suspension provides peace of mind knowing that your past conviction won’t unexpectedly surface during routine background checks. You can move forward without the constant worry that your record will derail opportunities.
The Record Suspension Application Process
Applying for a record suspension involves multiple steps, gathering documents from various agencies, completing detailed forms, and ensuring everything meets Parole Board requirements. The process typically takes several months from start to submission, with the Parole Board taking additional time to review applications once submitted. Understanding each stage helps you prepare for the time and effort involved.
Document Collection Phase
- RCMP-accredited fingerprinting to confirm identity and retrieve your complete criminal record from the national database with all charges, convictions, and sentences
- Local police records checks from every police service in every jurisdiction where you’ve lived since age eighteen to capture any outstanding charges or warrants
- Court records from each court where you were convicted showing the exact charges, how each was prosecuted, sentencing details, and completion dates
- Proof of sentence completion including probation completion letters, receipts for paid fines, confirmation of restitution payments, and documentation of satisfied court orders
- Personal history documentation covering addresses, employment, and activities during the waiting period to demonstrate stable law-abiding behaviour
Application Preparation Phase
- Completing the detailed Parole Board application form with comprehensive personal information, conviction details, and explanations of circumstances
- Writing a personal statement explaining the circumstances of the offence, what you’ve done since conviction, why you’re seeking the suspension, and how it will benefit your reintegration
- Organizing all documents in the required format with proper certification where needed and clear labeling for Parole Board review
- Obtaining reference letters from employers, community members, or others who can attest to your character and rehabilitation since conviction
- Paying the Parole Board application fee which is currently six hundred and fifty-seven dollars and fifty cents
- Submitting the complete application package to the Parole Board with all required supporting documents properly organized
After submission, the Parole Board reviews your application, which typically takes six to twelve months depending on their current processing times and the complexity of your case. The Board may request additional information or clarification during their review. Once the Board makes a decision, they notify you in writing. If your application is approved, your record suspension takes effect immediately and your record is removed from the CPIC database. If denied, the Board explains their reasons and you can reapply after one year if the issues can be addressed.
Common Issues in Record Suspension Applications
Many record suspension applications face delays or difficulties because of common issues that could be prevented with proper preparation. Understanding these potential problems helps you avoid them or address them proactively before they derail your application.
Incomplete Sentence Information
Applicants often don’t have complete documentation showing when their sentence was fully completed. Missing probation completion letters, unpaid fines that were forgotten, or restitution orders that weren’t tracked can delay applications or cause denials. Court records from decades ago may be difficult to obtain, requiring formal requests and significant waiting.
Multiple Convictions Across Jurisdictions
People who were convicted in multiple cities or provinces need records from each location. Tracking down court files from places you lived years ago adds complexity and time. Each jurisdiction has different procedures for obtaining historical court records, and some may no longer have easily accessible files for old cases.
Name Changes or Aliases
If you’ve changed your name legally, used different names, or were known by nicknames when convicted, ensuring all records are properly connected under your current legal name requires additional documentation. Name discrepancies can cause fingerprint results to be incomplete or court records to be missed.
Outstanding Charges or Warrants
Local police checks sometimes reveal outstanding warrants or unresolved charges that you weren’t aware of, which must be resolved before a record suspension application can proceed. These might be administrative warrants for unpaid fines, or charges you thought were resolved but show as outstanding in police systems.
Calculation Errors on Waiting Periods
Miscalculating when your sentence was complete leads to premature applications that are rejected and must be resubmitted later. The waiting period begins only after every part of the sentence is finished, not from conviction date, release date, or when court processes ended. Precise calculation requires examining sentencing documents carefully.
Application Form Errors
The Parole Board application form requires detailed, accurate information. Errors, omissions, inconsistencies with supporting documents, or unclear explanations can cause delays or denials. The Board needs clear information about every conviction, exact dates, circumstances of offences, and what you’ve done since. Vague or incomplete applications get rejected.
Frequently Asked Questions
Common questions about record suspension applications and eligibility in Toronto and Ontario
What’s the difference between a pardon and a record suspension?
There is no difference – record suspension is simply the new legal name for what used to be called a pardon. In March twenty twelve, the Canadian government changed the terminology through amendments to the Criminal Records Act. The process, requirements, and effect are exactly the same. Both terms mean having your criminal record kept separate from other criminal records so it doesn’t show up on standard background checks. Some people still use the term pardon because it was used for decades, but the official terminology is now record suspension. Whether you call it a pardon or record suspension, you’re referring to the same process administered by the Parole Board of Canada.
How long does the record suspension process take?
From beginning the process to receiving a decision typically takes twelve to eighteen months. The document collection phase usually takes three to six months depending on how quickly police services and courts respond to record requests, how many jurisdictions are involved, and whether any complications arise with historical records. After submitting your complete application, the Parole Board review process currently takes six to twelve months depending on their workload and case complexity. More complex cases involving multiple convictions or convictions from long ago may take longer if additional investigation is needed. While you’re waiting, you can inquire about application status, but the Board won’t expedite processing based on personal circumstances like job opportunities or travel needs. Starting the process well in advance of when you need your record suspended is important because the timeline cannot be rushed.
Can I be denied a record suspension even if I’m eligible?
Yes, meeting the technical eligibility requirements doesn’t guarantee approval. The Parole Board has discretion to deny applications if they determine that granting a record suspension would bring the administration of justice into disrepute. The Board considers the nature, gravity and circumstances of the offence, any history of criminal behaviour before and after the conviction, information about your conduct since conviction, and the impact granting a record suspension might have on the victim and society. Serious violent offences, multiple convictions, or offences involving breach of trust may face more scrutiny even if the applicant is technically eligible. The Board wants to see sustained rehabilitation and law-abiding behaviour, stable employment or education, community ties, and positive character references. An application that meets eligibility requirements but doesn’t demonstrate genuine rehabilitation or where concerns exist about the nature of the offence can be denied. If denied, you can reapply after one year, and addressing the Board’s stated concerns in a new application may lead to approval.
Will a record suspension show up on enhanced background checks?
Standard criminal record checks conducted by most employers, landlords, and organizations will show no record once your suspension is granted. However, vulnerable sector checks, which are required for positions working with children, elderly persons, or other vulnerable populations, may still reveal suspended records for relevant sexual offences. If you’re applying for a position of trust or authority, particularly in law enforcement, security, or government positions requiring high-level clearance, suspended records may be disclosed if deemed relevant to the position. Additionally, if you’re charged with a new offence after receiving a record suspension, your previous record may be unsealed and used in sentencing considerations. For most ordinary employment, education, housing, and volunteer purposes, a record suspension means background checks come back clear. But it’s important to understand that the record still exists and can be accessed in specific circumstances defined by law.
Can a record suspension be revoked?
Yes, a record suspension can be revoked if you’re convicted of a new criminal offence after it’s granted, if the Parole Board discovers that you were no longer eligible at the time it was granted due to false information in your application or because relevant convictions were not disclosed, or if the Board is satisfied that you ceased to be of good conduct since the suspension was granted. Being convicted of any new indictable offence or more than one new summary offence automatically revokes your record suspension. The revocation means your record is no longer kept separate and will show up on criminal record checks again. If charged with an offence that could lead to conviction and potential revocation, the suspended record may be unsealed and considered during sentencing for the new offence. This is why maintaining completely law-abiding behaviour after receiving a record suspension is essential – a single new conviction undoes everything. If your record suspension is revoked due to a new conviction, you must wait through the full waiting period again after completing that new sentence before you can reapply.
Do I need a paralegal or can I apply myself?
You can apply for a record suspension yourself without professional help, and the Parole Board provides guides explaining the process. However, professional assistance significantly increases the likelihood of a successful application and can save considerable time and frustration. A paralegal experienced with record suspension applications knows exactly what documents are needed, how to obtain them efficiently from various agencies, how to calculate waiting periods accurately to avoid premature applications, how to complete application forms thoroughly without errors or omissions that cause delays, how to present your personal statement and circumstances persuasively, and how to address potential complications like multiple convictions or historical records that are difficult to obtain. Many people who attempt the process themselves make mistakes that delay their applications by months or result in denials that could have been prevented. For something as important as clearing your criminal record and removing barriers to employment and opportunity, professional assistance that ensures the application is done correctly the first time is typically worthwhile.
What if I can’t find proof my sentence was completed?
Missing documentation of sentence completion is one of the most common obstacles in record suspension applications. If you can’t locate probation completion letters, fine payment receipts, or other proof that you completed your sentence, you need to obtain replacement documentation from the agencies that managed those aspects of your sentence. Contact the probation office in the jurisdiction where you were sentenced and request a letter confirming completion of probation including dates and conditions. Contact the court that sentenced you and request records showing all fines, restitution orders, and other financial penalties, along with records of payments received. If fines were sent to collection agencies, contact those agencies for payment history. For very old convictions where agencies may no longer have accessible records, you may need to obtain sworn affidavits from people who knew you during the relevant time period confirming that you completed your sentence as required. Court transcripts or sentencing documents may also contain information about sentence terms that can be used to demonstrate completion even if direct proof is unavailable. A paralegal experienced with record suspensions knows how to track down historical records and what alternative documentation the Parole Board will accept when original records cannot be obtained.
How much does a record suspension application cost?
The Parole Board of Canada charges an application fee of six hundred and fifty-seven dollars and fifty cents, which must be paid when submitting your application. Beyond this fee, you’ll incur costs for obtaining required documents including fingerprinting which costs approximately one hundred to one hundred and fifty dollars at RCMP-accredited facilities, local police records checks which typically cost twenty-five to seventy-five dollars per jurisdiction depending on which police service you’re requesting from, and court record searches which may cost varying amounts depending on jurisdiction and how historical the records are. Some courts provide records at no charge while others charge fees for file searches and document copies. If you hire a paralegal to handle the application process, professional fees typically range from eight hundred to fifteen hundred dollars depending on case complexity and how many convictions and jurisdictions are involved. The total cost including Parole Board fees, documents, and professional help usually ranges from fifteen hundred to twenty-five hundred dollars for straightforward cases with single convictions, or more for complex cases involving multiple convictions across different jurisdictions. While this represents significant expense, the employment opportunities, housing access, and other benefits that record suspension provides typically justify the investment for people whose records have been creating barriers.
Can I travel to the United States with a record suspension?
A Canadian record suspension does not guarantee entry to the United States. US border officials have access to Canadian criminal records including suspended records through information sharing agreements between countries. The US does not recognize Canadian record suspensions for US entry purposes, meaning they can still deny entry based on your Canadian criminal history even after your record is suspended. However, having a record suspension can reduce scrutiny because your record no longer appears in some databases that US officials access for routine border crossings. Many people with suspended records cross the US border without issues because border officials don’t always conduct deep searches revealing suspended records. If your conviction involves offences that make you inadmissible to the US under American immigration law – such as drug offences, theft, fraud, or crimes involving moral turpitude – you may need a US Entry Waiver regardless of having a Canadian record suspension. The waiver process is separate from record suspension and requires applying to US Customs and Border Protection. For serious offences or multiple convictions, consulting with an immigration specialist about US travel is advisable even after obtaining a Canadian record suspension.
What happens if I’m charged with a new offence while my application is pending?
If you’re charged with a new criminal offence while your record suspension application is being processed by the Parole Board, your application will be suspended until the charge is resolved. If you’re convicted of the new offence, your record suspension application will be denied and your eligibility waiting period starts over from the completion of the new sentence. This means years of waiting and the application fee are lost. If you’re acquitted or the charges are withdrawn, your application can resume processing, though the Board may still consider the circumstances of the charge when assessing whether granting a record suspension would bring the administration of justice into disrepute. Being charged doesn’t automatically end your application, but conviction does. This is why maintaining completely law-abiding behaviour throughout the application process is essential. Even minor charges like theft under five thousand dollars or mischief can derail applications that have been in progress for months. If you are charged while your application is pending, notify the Parole Board immediately as required, and consult with legal counsel about how to minimize impact on both the criminal charge and your record suspension application.
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