Remove Your Record

Removing Your Record

Please find a selection of the most commonly asked questions with respect to removing your criminal record, or obtaining a pardon also known as a record suspension in Canada.

If you still cannot find an answer that you are looking for we encourage you to contact one of our Specialists. We are available to answer your questions from 9:00AM Eastern or 6:00AM Pacific Time, Monday to Friday.

You can reach us using Live Chat, email at info@pardonservicescanada.com or by telephone toll free at 1-8-NOW-PARDON (1-866-972-7366).

What is a pardon (now known as a record suspension)?

A Canadian pardon (record suspension) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act (CRA), the Parole Board of Canada (PBC) may grant, deny, or revoke record suspensions for convictions under federal acts or regulations of Canada.

Why do I need a pardon (record suspension)?

A criminal record can follow you for life. It can affect your career and travel opportunities, your social life, and your peace of mind. A Canadian pardon (record suspension) affirms that you are now of good conduct so that any past convictions no longer reflect adversely upon your character.This opens the door to employment, travel, and volunteering opportunities; as well, it provides relief from the stigma of having a criminal record.

What if I have been charged but not convicted?

If you have been charged with a criminal offence for which there is no conviction, and even if the charge is subsequently dismissed, withdrawn or stayed, you have a criminal record. The record of the fact that you were charged – as well as your fingerprints, photographs, and any other information you gave at the time of your arrest – is kept on file in the Canadian Police Information Centre (CPIC) database. To clear your record, we petition the local police agency requesting that your file, including photographs and fingerprints, be destroyed in order to delete your police file. This process can take from 6 to 12 months.

Police do maintain the right to retain files when they determine it is in the public’s best interest to do so. Each individual police agency has its own procedures and requirements relating to these applications. Deleting your police file will enable you to freely obtain employment, advance your education, and volunteer.

Am I eligible for a pardon (record suspension)?

You are eligible to apply for a Canadian pardon (record suspension) when you have completed all sentences. A sentence is completed when you have:

  • Paid all fines, surcharges, costs, restitution and compensation orders in full
  • Served all sentences of imprisonment and conditional sentences, including parole and statutory release
  • Satisfied your probation order(s)

What will a pardon (record suspension) do for me?

Upon being granted a Canadian pardon (record suspension), all information pertaining to a criminal record will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed without permission from the Minister of Public Safety Canada. The Criminal Records Act (CRA) applies only to criminal records kept within federal departments and agencie. However,many of the provincial and municipal law enforcement agencies cooperate by restricting access to their records once notified that a record suspension has been granted or issued.

The Canadian Human Rights Act (CHRA) forbids discrimination based on a conviction for which a record suspension has been granted. This includes services a person needs or the opportunity to work for a federal agency. The CRA states that no employment application form within the federal public service may ask any question that would require an applicant to disclose a conviction. This also applies to a Crown corporation, the Canadian Forces, or any business within the federal authority.

What is the difference between a pardon (record suspension) and a US entry waiver?

A Canadian pardon (record suspension) removes your criminal record from searchable computer databases in Canada. A US entry waiver is a legal document allowing you entry into the United States if you have a criminal record in Canada. The US entry waiver grants you admissibility that would otherwise be denied. If you have been denied entry into the US, you will require a Waiver. The United States does not recognize Canadian record suspensions. Thus, if US border officials are made aware of your record even after you have received a record suspension, you could still be refused entry, be deported, be detained, or have property seized.

Who may apply for a pardon (record suspension)?

You may apply for a Canadian pardon (record suspension) if you were convicted of an offence under a federal act or regulation in Canada. You may apply even if you are not a Canadian citizen or a resident of Canada. Also, you may apply if you were convicted in another country and transferred to Canada under the Transfer of Offenders Act.

When can I apply for a pardon (record suspension)?

The waiting period is:

  • 5 years for a summary offence (or a service offence under the National Defence Act)
  • 10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained, or imprisoned for more than 6 months

How much does it cost to apply for a pardon (record suspension)?

The PBC charges $631 to process a Canadian pardon (record suspension) application (certified cheque, bank draft, or money order, payable to the Receiver General of Canada). You are also responsible for additional fees related to getting the following: fingerprints, copy of your criminal record, court documents, and local police record checks.

Can a pardon (record suspension) be granted for all crimes?

No. Murder convictions and any convictions carrying a life sentence cannot be pardoned.

Can a pardon (record suspension) be denied?

Yes, for example, if the Parole Board of Canada (PBC) finds that you are not of good conduct. However, you may reapply after one year. The PBC has discretion when considering your conduct during the elgibility period. Rarely will a record suspension be denied if you meet the eligibility requirements. In the rare cases when the PBC issues a Proposal to Deny, you have 60 days to appeal the finding. Typically, a letter of circumstance is required from you outlining the basis of your appeal. If successful, the Board’s ruling will be overturned. If unsuccessful, you would have to wait another full year to reapply.

An estimated 44% of people who file without assistance see their applications denied or returned. Our service relating to record suspension applications carries a full money-back guarantee.

Can a pardon (record suspension) be revoked?

Yes. The Parole Board of Canada (PBC) may revoke a record suspension if:

  • You are later convicted of a summary offence under a federal act or regulation of Canada
  • The PBC finds that you are no longer of good conduct
  • The PBC learns that a false or deceptive statement was made, or relevant information was concealed at the time of the application

In these circumsances, the records of the offences will again be kept with the other conviction records.

Can a pardon (record suspension) cease to have effect?

Yes, if you are subsequently convicted of:

  • An indictable offence under a federal act or regulation of Canada
  • An offence punishable either on indictable or summary conviction, and
  • If the Parole Board of Canada (PBC) is convinced by new information that you were not eligible for a record suspension at the time it was granted or issued

In these circumsances, the records of the offences will again be kept with the other conviction records.

What if I have been given an absolute or conditional discharge?

You do not neet to apply for a Canadian pardon (record suspension) if your criminal record consists only of an absolute or a conditional discharge. Absolute or conditional discharges handed down by the court on or after July 24, 1992, will automatically be removed from the Canadian Police Information Centre (CPIC) computer system one year (absolute discharge) or three years (conditional discharge) after the court decision. For discharges given before July 24, 1992, to be removed from the record, a person must contact the RCMP.

Can any offences make me ineligible?

Yes. You are not eligible for a Canadian pardon (record suspension) if you have been convicted of:

  • A Schedule 1 Offence (sexual offence involving a child) under the Criminal Records Act
  • More than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more

What documentation is required?

The Canadian pardon (record suspension) documentary requirement are:

  • We obtain a record check from the RCMP Canadian Police Information Centre (CPIC) in Ottawa. The record from CPIC will list all of your convictions, charges, and discharges throughout Canada. The CPIC fee for retrieving a criminal record is $25.
  • To obtain your certified criminal record, you are required to be fingerprinted. Fingerprinting fees range from $25 – $80. If you are fingerprinted in ink, we will scan and digitize the prints to expedite the criminal record retrieval. Our administration fee for digitizing fingerprints is $25.
  • We obtain all court documents detailing your offenses confirming the sentence has been satisfied as required by the Parole Board of Canada (PBC). Our administration fee is the greater or $20 or the current fee levied by the court.
  • A criminal record check from the local police detachment for each city you resided in over the last five years is required. Our administration fee is the greater of $60 or the current fee levied by the police detachment. Some local police departments may require personal attendance.
  • We obtain the conduct report for past or present members of the Canadian Armed Forces. Our administration fee is $25.
  • If you have been convicted of a sexual offence, you will be required to provide documentation demonstrating reformation of character and verification of victim’s age.
  • The PBC fee for filing an application for a record suspension is $631.

While we pay certain fees charged by any third party listed above (disbursements) on behalf of our clients up-front, these are charged back to you. Typically, these range from $50 – $150.

What can you do to help me?

An estimated 44% of applications for Canadian pardons (record suspensions) filed directly by individuals without assistance are rejected or returned as incomplete or ineligible. Many people find the process time-consuming, difficult, and lengthy. Our tried-and-tested methods, together with our contacts with police agencies and courts across the country as well as the Parole Board of Canada, ensure that you receive the fastest service possible at affordable rates.

What is the difference between the Standard and the Premium pardon service?

Our standard Canadian pardon service is recommended to clients who do not require an epedited pardon (record suspension).

Our premium Canadian pardon service is our fastest, most convenient way to clear your criminal record. We push the process through as quickly as possible. This process ensures the greatest chance for your success.

Payment options are available to meet every budget. We are fast, we are reliable, and we are affordable.

Does a pardon (record suspension) have limitations?

Some limitations do apply to a Canadian pardon (record suspension):

  • A record suspension does not erase the fact that you have been convicted of an offence.
  • A record suspension does not guarantee entry or visa privileges to another country.
  • Courts and police services, other than the Royal Canadian Mounted Police (RCMP) are under provincial and municipal legislation. This means that they do not have to keep records of convictions separate and apart from other criminal records.
  • The Criminal Records Act (CRA) lists certain sexual offences. If you were pardoned for such offences, your record will be kept separate and apart, but your name will be flagged in the Canadian Police Information Centre (CIPC) computer system. This means that you will be asked to let employers see your record if you want to work with children or with groups that are vulnerable because of age or disability. The flag is applied regardless of the date of conviction or the date a record suspension was granted or issued.
  • A sentence may have included various prohibition orders imposed under the Criminal Code, such as driving or a firearms prohibition order. A record suspension will not cancel these prohibition orders.

Can sexual offences be pardoned?

You are not eligible for a Canadian pardon (record suspension) if you have been convicted of a Schedule 1 Offence (sexual offence involving a child) under the Criminal Records Act.

All other sexual offences can be pardoned. However, these records while “sealed” are flagged denoting the nature of the offence. While your record will not appear in normal searches, should an organization working with the vulnerable sector (children, mentally disabled, elderly), with your permission, conduct a search, it will be advised of the flag. Knowing this, they likely would want you to disclose details of your record.

What are Peace Bonds, and do they affect my criminal record?

A Peace Bond is a special order imposed by a judge between two parties and is not treated as a criminal conviction. In forming a Peace Bond, the parties agree to certain terms, and the consequences for breaching the terms are set out in the agreement. Only when the agreement is breached resulting in a criminal conviction is a Canadian pardon (record suspension) necessary.

Does my employer or landlord have access to my criminal record?

A current or prospective employer or landlord can undertake a criminal record search only when you have authorized that person in writing.Employers in Ontario, British Columbia, Nunavut, and the Northwest Territories cannot ask about conviction records, nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes, the question can be phrased “Have you ever been convicted of a criminal offence for which a Canadian pardon (record suspension) has not been granted?” In British Columbia, Quebec, PEI, and the Yukon, a record of criminal conviction is considered grounds for discrimination, making even this question illegal. Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland, and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a record suspension is granted, though, it is “sealed”; thus, it is not accessible by any employer. Further, it is illegal in all jurisdictions to ask applicants if they have ever been arrested.

Will my criminal record affect my ability to adopt?

Yes. Before a child is adopted, the law requires that a criminal record search be completed. It is best to apply for a Canadian pardon (record suspension) before starting the adoption process.

Will my criminal record affect my ability to apply for Canadian citizenship?

Yes. A criminal record may result in the denial of Canadian citizenship. It is recommended that you apply for a Canadian pardon (record suspension) before applying for citizenship. If the record suspension is not granted in time, the application for citizenship will be rejected causing a delay that can stretch on for years. No federal agency can discriminate against a pardoned record.

Can my military record be pardoned?

Yes, and we take the added step of obtaining your Military Conduct Record from the National Archives or your Commanding Officer as required by the National Parole Board.

What is the process, and how long does it take?

The time to acquire a Canadian pardon (record suspension) varies with the extent of your record and the number of police and court checks we need to obtain, as well as how quickly each individual court and police agency attend to our requests. The recent trend is that record suspensions tend to take longer with each passing year. Currently, we anticipate up to 20 – 24 months processing time. However, with our Premium Service we expedite your application at each step of the process, which can reduce the total time by at least 4 – 6 months. The process to acquire your record suspension includes:

  • Obtaining a set of fingerprints from your local police detachment or another authorized private fingerprinting service
  • Signing the required Parole Board of Canada (PBC) application
  • Obtaining a certified copy of your criminal record, which is required by the PBC to determine what local police checks and court documents will be required to successfully complete your petition
  • Depending on the jurisdiction, requiring you to attend your local police detachment in person to get the required police check, noting that each police agency has its own rules and requirements
  • Once all documents needed have been received from the various agencies, finalizing your application and petitioning the PBC on your behalf

As your legal representatives, we receive and manage all communications with the police, courts, and the PBC. Your employer, family members, or neighbours are not contacted.

Do I need a lawyer or a representative to apply for a pardon (record suspension)?

You do not need a lawyer or a representative to apply for a Canadian pardon (record suspension). The Record Suspension Guide includes step-by-step instructions on how to apply for a record suspension, as well as the record suspension forms. The Parole Board of Canada (PBC) gives equal consideration to all record suspension applications received – whether they are submitted by an individual or by a representative from a private agency. The PBC is not affiliated with any record suspension agencies.

Submitting your application through a reliable agency may improve your chances of being granted a record suspension since an estimated 44 % of applications filed directly by individuals without assistance are rejected or returned as incomplete or ineligible. Many people find the process time-consuming, difficult, and lengthy. Our tried-and-true methods, together with our contacts with police agencies and courts across the country as well as the PBC, ensure that you receive the fastest service possible at affordable rates.