Questions about Canadian Pardons/Record Suspensions

We have compiled a list of frequently asked questions people have concerning their rights when it comes to Canadian Pardons. If you have a question that’s not on the list, please feel free to reach out to us or send us an email with your question and we’ll answer it within 24 hours.

SOMEONE TOLD ME I NEED A RECORD SUSPENSION TO ERASE MY CRIMINAL RECORD. IS THAT THE SAME THING AS A PARDON?

Yes. The Federal government has changed the official name ‘pardon’ to ‘record suspension’, but they mean the same thing. A record suspension serves to seal your criminal record from public view so that government, employers and others with access to the CPIC database cannot see it.

IF I GET A PARDON, WILL SOME LEVEL OF THE CRIMINAL JUSTICE SYSTEM STILL BE ABLE TO SEE MY RECORD?

The short answer is no; your criminal record will essentially cease to exist once a pardon (record suspension) has been granted, and background checks will come back with “no criminal record found”. Someone would only be able to see your sealed record if you gave them express written permission to do so. The one exception would be for sexual offenses, which will result in a “red flag” being raised when a vulnerable sector search is conducted.

I WAS TOLD I AM NOT A GOOD CANDIDATE TO ADOPT A CHILD BECAUSE OF A SIMPLE ASSAULT CONVICTION 15 YEARS AGO. SHOULDN’T MY CRIMINAL RECORD HAVE DISAPPEARED BY NOW?

No. It is a myth that records are purged after a few years; in reality, they are only purged when the subject of the record dies or turns 125, whichever comes first. That means your criminal conviction never disappears in your lifetime unless and until a pardon is granted to you. Adoption requires a vulnerable sector check and if your record is still showing up, it always will, until you receive a record suspension.

IF AN EMPLOYER ASKS ME IF I HAVE EVER BEEN IN TROUBLE WITH THE LAW, CAN’T I JUST LIE ON THE APPLICATION FORM?

You could…but if your employer requests a criminal background check, you will have a lot of explaining to do. Technically, an employer cannot discriminate against you for having a record unless the offense(s) you committed would pose a risk to your ability to do the job in question. But in reality, employers can simply not hire you on the basis of having any kind of record at all, because they feel it puts your character into question. There is not much you can do about this except apply for a record suspension.

DO OTHER COUNTRIES OFFER CRIMINAL PARDONS?

Some do, but not many. It’s true that having a criminal record in Canada can make it much harder for you to get a fresh start in life; your ability to work, travel, attend university, volunteer, rent an apartment or see your children can be compromised by having a criminal record for which you haven’t been pardoned. But once you do receive that pardon, under the Canadian system, you essentially have a clean slate to start over.

I’M REALLY ONLY WORRIED ABOUT ONE CONVICTION – THE OTHER STUFF IS ALL PETTY MISDEMEANOURS. WHAT CAN I DO TO GET THAT ONE CONVICTION OFF MY RECORD?

Getting a pardon is an all-or-nothing proposition. 100% of your record would be sealed if you receive a record suspension; everything in your file will be invisible, including charges that were dismissed or withdrawn, or for which you received a discharge. The only thing that would remain would be sex offenses, which are searchable with a vulnerable sector check.

DO I STILL NEED A PARDON IF I WAS UNDER 18 AT THE TIME OF MY CHARGES?

It depends. Most youth records are supposed to reside in a ‘special repository’, which means that some level of law enforcement may have access to them, as they are not destroyed outright; only summary convictions are completely destroyed 3 years after satisfaction of the sentence. But even if you were charged as a minor, if you are later convicted as an adult, the youth record would remain publicly visible. You would also need a pardon if your youth record occurred prior to the enactment of the Young Offenders Act, in 1984. For more information on your particular case, contact us to discuss the details.

I WANT TO TRAVEL TO THE US. WILL MY CANADIAN PARDON BE RECOGNIZED THERE?

The short answer is No. The US government requires a US Entry Waiver for Canadians who have a criminal record.

DO I HAVE TO WAIT 3 YEARS AFTER COMPLETING MY SENTENCE, TO APPLY FOR A PARDON?

The former Federal government recently changed the wait times for obtaining a pardon. You now need to have been trouble-free and completed all aspects of your sentence (including probation) for 5 years before you are eligible for a pardon for summary offenses, and 10 years for indictable offenses. However, you can and should apply for a pardon before the eligibility period is up, because getting a pardon can take up to 18 months or more depending on the length and complexity of your criminal record. Starting the process early ensures you won’t have to wait longer, later.

HOW DO I APPLY FOR A PARDON?

In order to apply for a Canadian Pardon, you need to go through a legal process that is defined by complex requirements and strict timelines. You can find out more on the Parole Board of Canada’s website if you are interested in attempting to apply yourself, but as with other legal matters, it is recommended that you obtain professional counsel to assist you with this life-changing legal process.

HOW LONG DOES IT TAKE THE GOVERNMENT TO GRANT MY PARDON?

Once your application has been received by the Canadian government for independent review, it can take months to receive an answer because of the current backlog. The best way to ensure that the government processes your application quickly is to do your due diligence beforehand and make sure your application is 100% complete and accurate; that will safeguard against lengthy delays or even a dismissal of your application due to incomplete information.

IF I’M HAVING TROUBLE WITH MY APPLICATION, IS THERE A GOVERNMENT HOTLINE I CAN CALL OR A GOVERNMENT OFFICE I CAN TAKE IT TO FOR HELP?

Unfortunately, there is not. Unlike other official documents such as passport applications, that have offices set up where you can walk in and receive assistance, applying for a record suspension is the sole responsibility of the applicant. That is why we recommend retaining an accredited professional firm to complete your application fully and correctly the first time.

IS MY PARDON GUARANTEED IF I MEET THE ELIGIBILITY REQUIREMENTS?

No one can guarantee the success of your pardon application because granting record suspensions resides at the sole discretion of the Parole Board. You may not be eligible for a pardon at all if you have very serious convictions on your record, such as offenses involving sexual violence. However, using an accredited firm like Dominion Pardons and Waivers can definitely increase your chances of success, because we understand the time frames and the requirements involved, and have already helpedhundreds of Canadians to obtain their pardons. The application approval rate of all pardons received by the Parole Board sits at over 90 percent, so your odds of success are good.

HOW MUCH DOES IT COST TO APPLY FOR A PARDON?

Under the new legislation, the government’s fee for a Canadian Pardon currently sits at $631, a substantial increase over previous years. If you retain Dominion to assist you, there will be a processing fee for us to subpoena your court documents, liaise with police and government bureaus, and complete your application. Most applicants find that the cost for our time and expertise is more than outweighed by the time and frustration involved in trying to do this unaided.

IS MY PARDON GOOD FOR LIFE?

Unless you are convicted of another criminal offense after obtaining your pardon, yes, your pardon is irremovable. Your fresh start will be good for life…and it starts here.