A criminal record can follow a person long after the sentence has been served. It can show up on an employment background check, affect a rental application, limit volunteer opportunities, complicate travel, and, for non-citizens, create immigration problems that last for years. For many people, a single mistake made long ago continues to define how others see them, even after they have rebuilt their lives.
Canada has a process designed for exactly this situation. A record suspension, which was called a pardon until 2012, allows a person who has completed their sentence and stayed out of trouble for a set period of time to have their criminal record separated from other criminal records and kept apart from routine background checks. It is one of the most practically valuable legal remedies available to someone with a past conviction, and also one of the most misunderstood.
This guide explains what a record suspension is and what it does and does not do, who is eligible and when, how the application process works, the interaction with immigration, employment, and travel to the United States, and how to find a criminal defence lawyer in the GTA who speaks your language. This guide is a companion to our guides on what to do if you are charged with a crime in Ontario and impaired driving in Ontario, which cover what happens when a charge is laid and how the criminal process unfolds. This guide covers what comes after.
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What Is a Record Suspension
A record suspension is a decision made by the Parole Board of Canada under the Criminal Records Act that allows a person’s criminal record for a specific conviction to be kept separate and apart from other criminal records. Once a record suspension is ordered, the record of that conviction is removed from the Canadian Police Information Centre (CPIC) database that police services across Canada use for routine background checks, and it is generally no longer disclosed to employers, landlords, or other third parties conducting standard criminal record checks.
Until 2012, this process was called a pardon, and many people still use that term. The name changed with federal legislation that also tightened eligibility and lengthened waiting periods. The legal effect, however, is not the same as what the word pardon suggests, which is one of the most important things to understand before applying.
What a Record Suspension Does and Does Not Do
A record suspension is powerful but limited, and many people are surprised by what it does not do.
What It Does
- Separates the record of the suspended conviction from other criminal records and removes it from the CPIC database used for routine police background checks.
- Means you can generally answer that you have not been convicted of that offence on most applications and background checks, subject to exceptions discussed below.
- Provides protection against discrimination in employment in Ontario, since a record of offences for which a record suspension has been granted is a protected ground under the Ontario Human Rights Code, as explained below.
- Can resolve criminal inadmissibility to Canada for the suspended Canadian conviction, as discussed in the immigration section below.
What It Does Not Do
- It does not erase or destroy the record. The record still exists and is kept separately, and it can be reconnected to the criminal record database in specific circumstances, including if the suspension is revoked or ceases to have effect.
- It does not guarantee entry to the United States or any other country. Foreign governments, particularly the United States, are not bound by a Canadian record suspension, as discussed below.
- It does not remove records held by individual police services, courts, or other agencies in all circumstances, although those agencies are generally required to keep suspended records separate.
- It does not prevent certain sexual offence records from being flagged in a vulnerable sector check, as discussed below.
- It does not apply to convictions from outside Canada. A foreign conviction cannot be suspended through this process.
Who Is Eligible and When
Eligibility for a record suspension depends mainly on two things: the type of offence, and how much time has passed since the entire sentence was completed. The waiting period does not start from the date of conviction. It starts only after every part of the sentence is complete, including any jail time, probation, fines, restitution, and surcharges.
| Type of Offence | Waiting Period After Sentence Is Fully Completed |
| Summary conviction offence (less serious) | 5 years |
| Indictable offence (more serious) | 10 years |
| Hybrid offence prosecuted by summary conviction | 5 years |
| Hybrid offence prosecuted by indictment | 10 years |
The waiting period only counts time during which the person has remained crime free. A new conviction during the waiting period generally restarts the clock for the new offence and can affect eligibility for the earlier one as well. Because waiting periods can be affected by how an offence was prosecuted, how a sentence was structured, and whether any part of it remains unpaid, confirming the exact date eligibility begins, rather than estimating it, is an important first step.
Offences and Situations That Make Someone Ineligible
- Convictions for certain sexual offences involving minors, which are listed in a schedule to the Criminal Records Act, cannot be suspended.
- A person convicted of more than three indictable offences, each of which carried a sentence of two years or more, is ineligible.
- A person who has not yet fully completed every component of their sentence, including unpaid fines or restitution, cannot yet apply.
Simple Cannabis Possession
Following the legalization of cannabis, the federal government created a separate, simplified process for people with a conviction solely for simple possession of cannabis under the former legislation. This process has no application fee and no waiting period. If this applies to you, it is worth checking directly with the Parole Board of Canada, since it is a much faster route than the standard application.
The Application Process
Applications for a record suspension are made to the Parole Board of Canada. The process is document-heavy and detail-oriented, and applications that are incomplete or contain errors are often returned or delayed, so careful preparation matters more than speed.
Step 1: Confirm Eligibility and Collect Your Records
Before applying, you need to confirm that you are eligible and obtain a complete set of records. This generally includes a copy of your fingerprint-based criminal record from the RCMP, local police records checks from every police service in every jurisdiction where you have lived during the waiting period, and court documents for each conviction, confirming the offence, the sentence, and that every part of the sentence has been completed.
Step 2: Complete the Application
The application form requires detailed personal information, a full history of your convictions, and the supporting documents described above. It must be completed accurately; errors or omissions can lead to delays or a refusal, and deliberately false information can have serious consequences.
Step 3: Pay the Fee
The Parole Board of Canada charges a processing fee for most record suspension applications. The fee has been in the range of several hundred dollars, and it is not refunded if the application is refused. Confirm the current amount on the Parole Board of Canada’s website before applying, since fees can change.
Step 4: Wait for the Parole Board’s Decision
After a complete application is accepted, the Parole Board investigates and reviews it. Its published service standards are roughly six months for summary offences and about twelve months for indictable offences, though actual processing times can be longer. In some cases, the Parole Board will ask for more information or may decide to refuse the application if it is not satisfied the applicant has been of good conduct, or that a record suspension would measurably benefit the applicant and sustain their rehabilitation in society.
Applying Yourself vs Using a Commercial Pardon Service
Many companies advertise heavily to people seeking record suspensions, often charging fees well beyond the Parole Board’s own processing fee, and sometimes implying that their involvement improves the odds of success. You are not required to use any outside service, and the application can be completed directly by the applicant. Before paying a commercial service, find out exactly what you are paying for, how that compares to the actual government fee, and whether the service is provided by a licensed lawyer who can give actual legal advice about a complicated record. For applicants with a complicated history, multiple convictions, an offence of uncertain classification, or immigration concerns, working with a lawyer, as opposed to a service that only prepares forms, is often worth the cost.
Record Suspensions and Immigration
For permanent residents and other non-citizens with a Canadian conviction, a record suspension can be especially valuable. Under Canadian immigration law, where a record suspension has been ordered and has not been revoked or ceased to have effect, the suspended conviction generally can no longer be the basis for a finding of criminal inadmissibility. This makes a record suspension one of the most effective ways to resolve criminal inadmissibility arising from a Canadian conviction. It is a different and complementary option to the rehabilitation pathways discussed in our guide on immigration appeals and inadmissibility in Canada, including deemed rehabilitation, criminal rehabilitation, and Temporary Resident Permits, which are the tools generally used for offences committed outside Canada, since a foreign conviction cannot be suspended.
Because the interaction between criminal record, record suspension, and immigration status is technical, anyone who is not a Canadian citizen and is considering a record suspension should discuss it with an immigration lawyer alongside a criminal lawyer. Timing can matter, particularly where a citizenship or permanent residence application is pending, since the date a record suspension is ordered, and how a pending application is handled in the meantime, can affect the outcome. A conviction, and the immigration consequences it carries, is also discussed in our guide on impaired driving in Ontario, which is one of the most common sources of criminal inadmissibility issues in the GTA.
Record Suspensions and Employment
One of the most practical benefits of a record suspension in Ontario is its effect on employment. Under the Ontario Human Rights Code, “record of offences” is a protected ground in employment, and it specifically includes an offence for which a record suspension has been granted and has not been revoked. This means an Ontario employer generally cannot refuse to hire, or treat an employee differently, because of a suspended conviction. See our guide on workplace discrimination and human rights in Ontario for how the protected grounds work and how a human rights claim is pursued.
There are important limits. Some regulated professions and positions involving work with vulnerable people carry their own screening requirements, and a suspended record of certain offences can still appear in a vulnerable sector check, discussed below. A record suspension also does not entitle a person to misstate their history in situations where the law or the employer’s lawful requirements call for fuller disclosure.
Record Suspensions and the Vulnerable Sector Check
A vulnerable sector check is a more extensive background check used when someone applies for a position of trust involving children, the elderly, or other vulnerable people, such as certain teaching, childcare, healthcare, or volunteer roles. Where a person has a record suspension for a sexual offence, the suspended record can still be flagged and disclosed in this type of check, with the person’s consent, even though it would not appear in a routine criminal record check. Anyone with a record of this kind who is planning to work or volunteer in these fields should get legal advice about how a record suspension will actually be treated.
Record Suspensions and Travel to the United States
This is the area where the gap between what people expect and what a record suspension actually does is widest. The United States government does not recognize a Canadian record suspension as erasing a conviction for the purposes of its own border and immigration law. Even when a Canadian record has been suspended, U.S. border officers may still have access to the underlying record, through records the person previously submitted, other databases, or the person’s own disclosure, and a person can still be found inadmissible to the United States based on the underlying conviction.
A Canadian record suspension does not substitute for a U.S. entry waiver. People who have a past conviction and want to travel to the United States should seek advice about whether they need a U.S. waiver of inadmissibility, which is a separate process handled by U.S. authorities, and should not assume that a record suspension alone will allow trouble-free entry. Also remember that, as a matter of honesty at the border, a person who is asked directly about their history by a U.S. officer must answer truthfully; a record suspension does not change that obligation, and misrepresentation at a border can create a new and serious problem of its own.
When a Record Suspension Can Be Revoked or Cease to Have Effect
A record suspension is not necessarily permanent. It can be revoked if the Parole Board later learns that the person was not eligible, that the person made a false or deceptive statement in the application, or that they were not of good conduct. It also automatically ceases to have effect if the person is later convicted of a new indictable offence, or in some circumstances, certain summary offences. When this happens, the suspended record can be reconnected to the criminal record database, and the protections it provided, including those discussed under immigration and employment above, may be lost.
Why a Criminal Lawyer Who Speaks Your Language Matters
A record suspension application depends on precise, complete, and consistent information about your history. For people whose first language is not English, completing detailed legal forms and understanding the eligibility rules in a second language increases the chance of a mistake that delays or derails the application. Many applicants also carry a sense of embarrassment or anxiety about their past, which can make it harder to discuss their record openly, and a lawyer who speaks your language can create the comfort needed to go through the full history accurately.
A criminal defence lawyer who speaks your language can assess your eligibility, confirm when your waiting period actually ends, identify any complications in your record, and, where immigration is a concern, work alongside an immigration lawyer. Our Language Guides explain the legal landscape for specific communities across the GTA, including Mandarin, Cantonese, Hindi, Punjabi, Urdu, Tamil, Korean, Italian, Portuguese, Ukrainian, Russian, Hebrew, Farsi, Arabic, Spanish, and French. For a general guide on finding a multilingual lawyer, see our guide on how to find a multilingual lawyer in Toronto.
How to Find a Criminal Lawyer in the GTA
To find a lawyer, visit the main lawyers directory, filter by Criminal Law and your language, and narrow by location. For advice on choosing a lawyer, see our guide on questions to ask before hiring a lawyer, and for what to expect at your first meeting, see our guide on the first legal consultation. For an explanation of legal fees, see our guide on how much a lawyer costs in Ontario and our guide on retainer agreements in Canada. Always confirm the lawyer is currently licensed by checking our verification process or the Law Society of Ontario’s public register. For those who cannot afford private legal fees, see our guides on Legal Aid Ontario and how to get legal advice in Ontario.
Frequently Asked Questions
What is the difference between a pardon and a record suspension in Canada?
They refer to the same process. A pardon was renamed a record suspension in 2012, when the federal government also lengthened waiting periods and tightened eligibility. The new name reflects a legal reality that many people overlook: a record suspension does not erase or destroy a criminal record. It separates the record of the suspended conviction from other criminal records and removes it from the database used for routine background checks, but the record continues to exist and can be reconnected if the suspension is revoked or ceases to have effect.
How long do I have to wait before I can apply for a record suspension?
The waiting period is generally five years for a summary conviction offence and ten years for an indictable offence, with hybrid offences following whichever way they were prosecuted. The clock starts only after every part of the sentence is completely finished, including jail time, probation, fines, restitution, and surcharges, and it only counts time during which the person remained crime free. There is a separate no-fee, no-wait process for people whose only conviction was simple possession of cannabis under the former legislation.
Will a record suspension let me travel to the United States?
Not necessarily. The United States does not treat a Canadian record suspension as erasing a conviction for its own border and immigration purposes, and U.S. border officers may still be able to access the underlying record. A person with a past conviction who wants to travel to the United States should get advice about whether a U.S. waiver of inadmissibility is needed, since a Canadian record suspension does not substitute for one. You must also answer truthfully if asked directly about your history at the border.
Can a record suspension help with my immigration status in Canada?
It can. Where a record suspension has been ordered for a Canadian conviction and has not been revoked or ceased to have effect, that conviction generally can no longer be the basis for a finding of criminal inadmissibility. It cannot be used for a conviction from outside Canada, which must be addressed through other options such as criminal rehabilitation. Because the interaction is technical, anyone who is not a Canadian citizen should speak with an immigration lawyer. See our guide on immigration appeals and inadmissibility in Canada for the other options available.
Do I need a lawyer to apply for a record suspension?
You are not required to use a lawyer or any outside service, and the application can be completed directly with the Parole Board of Canada. A lawyer is most valuable when your situation is complicated, such as multiple convictions, an offence whose classification is unclear, a sentence that may not have been fully completed, or immigration concerns. Be cautious with commercial pardon services that charge well beyond the government’s own processing fee, and find out exactly what you are paying for and whether legal advice is actually included. See our guide on how much a lawyer costs in Ontario for how legal fees are structured.
Find a Criminal Lawyer in the GTA Who Speaks Your Language
A record suspension can open doors that a past conviction has kept closed, but the process rewards careful preparation and accurate information. Having a criminal defence lawyer who can explain your eligibility and options clearly in your first language helps you get it right the first time.
Lawyers Who Speak connects GTA residents with verified, Law Society of Ontario-licensed criminal lawyers who speak their language. Search by language and practice area to find the right lawyer for your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Eligibility rules, waiting periods, fees, and processing times for record suspensions are set by federal law and the Parole Board of Canada and can change. Please consult a qualified criminal lawyer licensed in Ontario, and where immigration is a concern an immigration lawyer, for advice about your specific situation.