Akrami & Associates logo element dark

Record Suspension

Record Suspension Canada

What Is A Record Suspension?

If you have been convicted of an offence and you have successfully completed your sentence you may be eligible for a pardon. To be eligible you need to have completed your sentence and demonstrate you are a law-abiding citizen. Once the pardon is granted, you can then you’re your criminal record kept separate and apart from other criminal records.

What Is A Criminal Record?

Temporary Resident Permit

criminal record is a record of criminal activity, regardless of the outcome in court. Even after several years, even if it concerns a minor offence, a criminal record does not disappear automatically. Having a prior criminal record can create issues with many important things in life, including travelling. You need to overcome this prior to entering Canada. If you have committed the offence in Canada, then you may need to apply for a Pardon.

Getting Your Canadian Record Suspension in 2024: Your Step-by-Step Guide

Picture yourself walking into a job interview with complete confidence, knowing your past won’t hold you back anymore. Sounds like a dream? Let’s turn it into reality! The Canadian government just made record suspensions more accessible than ever – the fee dropped from $650 to $50 in 2022.

Here’s the thing: while getting a record suspension takes time (five to ten years depending on your offense), it’s absolutely worth the wait. Back in 2012, they changed the name from “pardon” to “record suspension,” but don’t let that confuse you – the impact on your life remains just as powerful. Think about it: employers, landlords, and schools all run background checks these days, and a criminal record can slam doors shut before you even get a chance to explain yourself.

Ready to start fresh? Let’s dive into everything you need to know about getting your record suspension in Canada. Don’t worry – I’ll walk you through each step, from checking if you qualify to submitting your application the right way. Together, we’ll get you on the path to that clean slate you’ve been dreaming of.

Understanding Record Suspensions vs Pardons in Canada

Let’s dive into the world of record suspensions and pardons in Canada. You might be wondering why they changed the name from “pardon” to “record suspension” back in 2012. First things first: this wasn’t just about fancy new words – it actually tells you exactly what happens to your record.

Think of it like this: instead of erasing your record (which is what many people think a pardon does), a record suspension keeps it separate from other criminal records. Picture your record being placed in a special filing cabinet, away from the regular files that show up in background checks.

The process still works like the old pardon system, but here’s the thing: it’s more about showing you’ve turned your life around than simply being forgiven. That’s why the waiting periods matter so much – 5 years for summary convictions and 10 years for indictable offenses. These timeframes give you a chance to prove you’ve changed.

Some exciting changes happened recently that make record suspensions more accessible than ever:

  • The fee dropped to $50.00 on January 1, 2022 – that’s a huge difference!
  • The government put $122.89 million into making the process better
  • There’s even a new online portal to make applying easier

Now, let’s talk about why getting a record suspension is worth the wait. Did you know people with criminal records typically earn 40% less and spend more time job hunting? But here’s how a record suspension changes the game:

  1. Job Opportunities: Those background checks employers love? Your record won’t show up
  2. Travel Freedom: Many countries will look more favorably at your entry request
  3. Education: Schools and financial aid become much more accessible
  4. Professional Licenses: Getting certified in your chosen field gets easier

The best part? The Canadian Human Rights Act has your back – it protects you from discrimination once your record is suspended. That means even federal employers can’t ask about those old convictions.

Remember, a record suspension isn’t just about hiding your past – it’s society’s way of saying “We see how far you’ve come”. Sure, it takes patience and dedication, but think about all the doors it opens. Whether you’re dreaming of a new career, going back to school, or just want to travel freely, a record suspension can help make those dreams reality.

Are You Eligible for a Record Suspension?

Let’s talk about who can apply for a record suspension in Canada. Don’t worry – I’ll break down all the requirements so you can figure out if you’re ready for this fresh start.

The Basic Requirements for Record Suspension

First things first: before you can even think about applying, you need to have completely finished your sentence. Here’s what that means:

  • Every fine and surcharge paid off (yes, even those small court fees!)
  • All your prison time or conditional sentences done
  • Probation fully completed
  • Any other court requirements taken care of

Here’s the thing: the Parole Board looks closely at how you’ve behaved since completing your sentence. Think of it as proving you’re ready for this next chapter.

Let’s Talk About Waiting Periods

The clock starts ticking only after you’ve finished everything above. Picture it like this:

If You Have a…

Summary Conviction

Indictable Offense

Sound like a long time? Remember, you can’t start counting until every part of your sentence is done. That means if you still have fines to pay, your waiting period hasn’t even started yet.

When You Can’t Apply (The Not-So-Fun Part)

Sometimes, even with all the waiting and preparation, you might not be eligible. You can’t apply if:

  • You have more than three indictable offenses with sentences of two years or more
  • You have a Schedule 1 offense (involving minors)

But wait – there’s a bit of flexibility with Schedule 1 offenses. The Parole Board might still consider your case if:

  1. You weren’t in a position of authority over the victim
  2. You didn’t use violence or coercion
  3. The age gap was less than five years

Every case is different, and the Parole Board looks at each application individually. That’s why I always recommend double-checking your eligibility before jumping into the application process. Let’s make sure you’re on the right path before taking that first step.

Getting Your Documents Together: The Complete Checklist

Picture yourself organizing a big puzzle – that’s exactly what gathering documents for your record suspension feels like! Let’s walk through every piece you’ll need to make your application shine.

Your Criminal Record and Court Documents

First things first: you’ll need your criminal record through fingerprint submission to the RCMP. Here’s a pro tip: get extra copies of your court documents – once your record suspension is granted, these might be harder to find than a needle in a haystack!

For each conviction on your record, you’ll need:

  • Original court forms with those fancy official seals.
  • Proof you’ve paid everything (fines, victim surcharges – the whole deal)
  • Papers showing if your case was summary or indictable.

Extra Documents You Can’t Forget

Think of these as your application’s supporting cast – just as important as the stars:

What You Need

Local Police Check

Military Sheet (if you served)

ID Proof

Immigration Papers

Remember This!

Only good for 6 months

6-month validity for active members

Driver’s license works great

If Canada wasn’t your birthplace

Those All-Important Forms

Don’t worry – I’ll help you keep track of every form you need:

  1. The main application form (your star player!)
  2. Court information forms
  3. Local police check forms
  4. Your rehabilitation story (that’s the Measurable Benefit form)
  5. Schedule 1 Exception Form (only if it applies to you)

Here’s the thing: you’ll need to fill these out on a computer – no phones or tablets allowed. Trust me, it’s easier on a bigger screen anyway!

Remember this golden rule: missing or wrong information will slow everything down, and fibbing on your forms? That could get your record suspension taken away later. Not worth the risk!

Let me share some tricks I’ve learned:

  • Ask for documents from different courts at the same time
  • Check those dates like a detective – they need to match!
  • Make copies of everything (yes, everything!)
  • Double-check for signatures and seals

Feeling overwhelmed? That’s totally normal! Think of it like preparing for a big trip – you make lists, gather documents, and check everything twice. Take it one step at a time, and before you know it, you’ll have everything you need. You’ve got this, and I’m here to help you through every step!

Making Your Application: The Step-by-Step Journey

Ready to start your record suspension application? Let’s break down this journey into bite-sized pieces you can tackle one at a time. Picture yourself opening that approval letter – feels good, right? Let’s make it happen!

Getting Your Documents in Order

First things first: let’s create your document checklist. Here’s something important to know – the Parole Board has specific processing times:

Think of these timeframes like a recipe – you can’t rush the cooking time if you want the best results!

Filling Out Your Forms (The Right Way!)

Here’s the thing: tiny mistakes on forms cause big delays. Let me share some insider tips:

  • Blue ink is your friend for signatures
  • Your name goes on both sides of each form
  • Stick to your computer – no phones or tablets allowed

The Measurable Benefit form? That’s your chance to tell your story. Think about:

  • How this fresh start will change your life
  • Your plans to keep on the right path
  • Ways you’re making your community better

Sending Everything Off

Good news about the fee – it’s way more affordable now! As of January 2022, you’ll pay CAD$50.00 through:

  • Certified cheque
  • Money order
  • Bank draft
  • Credit card

What You’re Applying For

Summary Offense

Indictable Offense

How Long It Takes

6 months

12 months

What It Costs

CAD$50.00

CAD$50.00

Don’t worry if gathering everything takes 6-12 months – that’s totally normal! You’ll need time for:

  • Getting those fingerprints done
  • Tracking down court records
  • Completing police checks

When everything’s ready, you’ll send your package to Ottawa’s Clemency and Record Suspension Division. Remember, they want originals of everything except:

  • Immigration papers
  • Your ID proof

Here’s a pro tip: keep copies of everything you send. And if you move? Tell the Parole Board right away – they need to know where to find you!

The waiting game isn’t fun, I know. But think of it this way: every day that passes brings you closer to that fresh start. Stay organized, follow these steps, and you’ll be on your way to success. Need help keeping track of everything? I’ve got your back!

The Real Story About Processing Times and Fees

Let me share something exciting – the government fee for record suspensions dropped to just CAD$50.00 in January 2022! That’s a game-changer for so many people I’ve worked with. But here’s the thing: you’ll want to budget for some other costs too:

What You’re Paying For

Electronic Fingerprinting

Court Records Search

Local Police Checks

Courier and Postal Fees

Typical Cost

CAD 104.50

Up to CAD 278.67 per court

CAD 76.63 – 209.00

Up to CAD 348.34

Now, about those waiting times – I know patience isn’t easy, but let me walk you through what to expect. The Parole Board has their standard timelines:

  • Summary offenses: 6 months
  • Indictable offenses: 12 months
  • Complex cases: Up to 24 months

But here’s what I’ve actually seen happening lately:

  • Summary offenses taking about 192 days
  • Successful indictable cases around 437 days
  • Refusals stretching to 514 days

Think of your application like a train journey – several factors can affect how fast you reach your destination:

  1. Your Application’s Completeness:
    • Missing papers? That’s like missing a connection
    • Wrong fee payment? Your train can’t leave the station
    • Incorrect info? Expect some detours
  2. Things Beyond Your Control:
    • Courts taking their time with documents
    • Police checks moving at their own pace
    • RCMP doing their verification dance

Here’s something interesting: applications dropped by 73.9% in 2020-21 (from 7,019 to just 1,830). What does this mean for you? Processing times might actually be different than what we’ve seen before.

Trust me on this one – if the Parole Board starts leaning toward refusing your application, they’ll need extra time to:

  • Send you a heads-up in writing
  • Give you a chance to respond
  • Look over any extra information you provide

One more crucial tip: keep your contact info current! I’ve seen perfectly good applications hit snags just because someone moved and forgot to tell the Parole Board. Don’t let that be you!

Dodging Common Mistakes: Learn from Others’ Experience

Let me share something I’ve seen time and time again – over 25% of applications get stopped in their tracks because of simple mistakes. After helping thousands of people with their record suspensions, I’ve spotted patterns that can make or break your application. Let’s make sure you don’t fall into these common traps!

The Document Dance: Getting It Right

Here’s the thing: the Parole Board won’t accept photocopies – they need those original documents with official stamps. I’ve seen so many applications hit a wall because of this. Check out these common slip-ups:

What Goes Wrong

Forgot to sign

Missing stamps

Can’t read the ID

Unsigned court forms

What Happens

Back it comes!

Everything stops

Instant rejection

Return to sender

Trust me on this one – these headaches are totally avoidable if you know what to look for.

Timing: It’s Like Cooking a Perfect Meal

You wouldn’t serve dinner before it’s ready, right? Same goes for your application. I’ve watched people stumble by:

  • Jumping the gun before paying all their fines
  • Not planning for that 6-12 month processing time
  • Waiting until the last minute when they need it for a job

Picture this: some applications that might get refused can take up to 24 months to process. That’s why timing matters so much!

The Truth, The Whole Truth

The Parole Board doesn’t miss a thing when they do background checks. They’re like my grandmother – they always know when you’re not telling the whole story! People often forget to mention:

  • Old addresses
  • Those lingering fines
  • Recent run-ins with the law
  • Court requirements they’re still finishing

And don’t get me started on the “Measurable Benefit” section! This isn’t just paperwork – it’s your chance to show:

  1. How this fresh start will change your game
  2. The ways you’ve grown and changed
  3. What you’re giving back to your community

Here’s what I tell everyone: start gathering your documents at least six months before you’re eligible. It’s like preparing for a big presentation – you’d rather have extra time than rush at the last minute.

One last piece of advice: keep a checklist and check it twice (maybe even three times!). And please, please keep your contact info current. If the Parole Board can’t reach you when they need more information, they might think you’ve given up.

Remember, I’m sharing all this not to scare you, but because I want your application to succeed. These aren’t just rules on paper – they’re lessons learned from helping countless people get their fresh start. Let’s make sure you get yours too!

Should You Work with a Professional Service?

Picture yourself facing a mountain of paperwork, wondering if there’s an easier way. While you can absolutely handle your record suspension application yourself, let me share why some people choose to get professional help – and whether it might be right for you

What Can Professional Help Do for You?

Here’s something interesting: when people work with professionals, their applications typically move faster through the system. Some even get approved in the time it takes others just to gather their initial documents.

Think of a professional service like having a skilled guide on a challenging hike. They’ll help you:

  • Track down those tricky documents
  • Double-check everything before submission
  • Keep tabs on your progress
  • Talk to authorities on your behalf
  • Stand by you until the final decision

Want to hear something encouraging? Professional services report that only about 6% of well-prepared applications get denied. That’s because they know exactly where those common pitfalls hide! If you need clarification or assistance with your Record Suspension, Akrami & Associates is here to help!

You Got Your Record Suspension – Now What?

Congratulations on your record suspension! Let’s talk about what this fresh start really means and how to make the most of it. Think of it as starting a new chapter – exciting, right?

Your New Rights (The Good Stuff!)

The Canadian Human Rights Act has your back now, protecting you from discrimination. Here’s what happens to your record:

  • It comes off the CPIC database (that’s the main criminal record system)
  • Gets stored separately from other records
  • Stays protected from prying eyes

Picture your record like a sealed envelope – it’s still there, but nobody can peek inside without special permission. While this protection works best at the federal level, here’s a pro tip: ask your local police to restrict your record information too. It never hurts to have extra privacy!

Keeping Your Clean Slate (The Important Part)

Here’s the thing: your record suspension isn’t a “get out of jail free” card – you need to keep earning it. The Parole Board can take it away if:

If You…

Get convicted of an indictable offense

Get a summary conviction

Weren’t honest on your application

Weren’t actually eligible

Then This Happens…

Suspension gone immediately

Might lose suspension

Suspension disappears

Back to square one

If you lose your suspension, your record pops right back into the CPIC database. Trust me, you don’t want that after all your hard work!

Traveling with a Record Suspension (The Tricky Part)

Let me be straight with you about international travel, especially to the U.S.:

  1. The U.S. Connection:
    • They share information with Canada
    • Might already have your record on file
    • Don’t delete old records just because we did
  2. At the Border:
    • They can ask about your past
    • Always tell the truth – seriously!
    • You might still need a U.S. waiver

Planning a world tour? Here’s your travel checklist:

  • Call ahead to check entry rules
  • Pack your suspension paperwork if needed
  • Research each country’s rules
  • Get those waivers sorted early

Most countries look at:

  • What happened in your past
  • How long ago it was
  • How you’ve changed
  • Your current lifestyle

Your record suspension? It’s huge! It shows you’ve turned things around and earned society’s trust back. Did you know 43% of people in a government survey said record suspensions were crucial for moving forward with life?

Remember though – while Canada recognizes your fresh start, other countries play by their own rules. But don’t let that discourage you! Within Canada, you’re protected from discrimination, and tons of professional doors are now wide open.

Think of your record suspension like a backstage pass – it gets you through most doors in Canada, but for international travel, you might need some extra tickets. The key is planning ahead and knowing the rules. You’ve worked hard for this fresh start – now let’s make the most of it!

Faq’s

If you have been charged with a crime, even if you were found not guilty or were never convicted, you do have a criminal record. Getting an RCMP clearance might be your best bet to knowing what really is on your record.

Depending on your offence you either need to wait 5 or 10 years from the date you successfully completed the sentence which was imposed on you. Once you meet the requisite time period and by providing proper supporting documents of good conduct you may be granted a pardon.

Record Suspensions are not granted if you have a sexual offence to a minor or if you have done jail time for over 2 years more than 3 times.

This is a very good question. Many clients come to us as they have been denied the pardon after they applied on their own. Many applications get denied because of a lack of information or improper filing. It is therefore essential that there is full disclosure and that your documents clearly show you are rehabilitated. If an application is denied, then you can re-apply after one year.

It takes an average of 12-24 months for a record suspension application to be processed and granted. However, to prepare the record suspension application, many documents must be collected. Acquiring the proper supporting documents takes between 3-10 months. Therefore, it is a good idea to start preparing the application well in advance of your eligibility date. Please contact us for the complete list of required documents. We are here to help you.
There will always be a record of all your criminal offences. However, once a record suspension is granted, these records will be kept separate and apart from RCMP. Once you have been pardoned for your past offences, then the information pertaining to your past record will not be disclosed without the specific approval of the Minister of Public Safety.
Usually, the question will not be, “Have you committed an offence.” Usually, the question will be, “Do you have a criminal record for which record suspension has not been granted?” The answer to that question is NO.

Should the first question arise, then you can state, “YES, but I have been pardoned for my past offence.”

That will be unfortunate as your record suspension can be revoked. If you are convicted of an indictable offence (more serious offence), your record suspension ceases, and your past convictions will once again be on your criminal record. If you are convicted of a summary offence (less serious) or given a discharge, it will be dealt with on a case-by-case basis. So it is important proper submissions are made so that your pardon is not revoked.

No. You will require only one so long as the requisite waiting period of 5 or 10 years has passed for each of your convictions, and if you have met all of the other requirements, you can apply to have all of your convictions pardoned/suspended at the same time.

This is another good question. Although you may not have been found guilty or convicted, your fingerprint number will be revealed in criminal record searches. So what you can do is usually have your record destroyed if you were not found guilty. This way, it will get rid of everything on your record.

No. Criminal convictions are not automatically destroyed or sealed. The individual must take steps and apply to have their record removed.

If you face a criminal inadmissibility that may preclude you from proceeding with your immigration goals, a Record Suspensionformerly known as a pardon, maybe for you. The Parole Board of Canada is the official and only federal agency responsible for making decisions on matters of record suspension.

Therefore, only the Parole Board of Canada can order, refuse or revoke a record suspension.

You Cannot Apply For A 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

You Can Apply For A Record Suspension If You:

  • Were convicted as an adult of an offence in Canada under a federal act or regulation of Canada;
  • Were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.

record suspension keeps a record of a conviction separate and apart from other criminal records and gives law-abiding citizens an opportunity to reintegrate into society. It removes all information about the conviction from the Canadian Police Information Centre (CPIC) database. A record suspension removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government or eligibility for Canadian citizenship.

Note if you are convicted of a new offence after obtaining a record suspension, this may reactivate the CPIC database to include the separated information.

Be advised that a Record Suspension does not erase the fact that you have ever been convicted of a crime. Records of your convictions will still exist however, they will not appear in and be kept separate from other criminal records.

The waiting period is 5 years for summary convictions and 10 years for indictable offenses. These periods begin after you’ve completed all aspects of your sentence, including fines and probation.

You can apply for a record suspension (formerly called a pardon) through the Parole Board of Canada. This process separates your criminal record from other records, effectively removing it from public view, once you’ve completed your sentence and demonstrated good conduct.

 As of January 2022, the government fee for a record suspension application is CAD$50.00. This is a significant reduction from previous years, making the process more accessible.

 Processing times vary based on the offense type. Generally, applications for summary offenses are processed within 6 months, while indictable offenses take up to 12 months. Complex cases requiring additional review may take up to 24 months.

While it’s not mandatory, many applicants find professional assistance helpful due to the complex nature of the process. Professional services can help with document collection, application review, and communication with authorities. However, you can also complete the application independently if you’re comfortable with the legal procedures.

Record Suspension Application

Criminal Rehabilitation Requirements

A Record Suspension may be a viable option if you are a permanent resident seeking to become a citizen and have committed an offence in Canada.  This record suspension will not wipe the slate clean, as a record of your conviction will still be kept, but information about this conviction will be kept separate from other criminal databases.

Therefore, these offences will not appear in a background check. The goal of a record suspension is to allow rehabilitated people the opportunity to resume normal life and adapt back into society without facing the difficulties of having a criminal record.

Note, if you do re-offend after you have received your record suspension, your previous offences may return to appearing in normal criminal searches.

Akrami & Associates Can Help You Achieve Your Goals In Canada. Contact Us Today!

If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.

Sentences And Fines

Before you can apply for a record suspension, you will need to make sure that you have complied with and completed all the sentences and fines associated with your convictions. This includes:

  • all fines, surcharges, costs, restitution and compensation orders;
  • all sentences of imprisonment, conditional sentences, including parole and statutory release;
  • any probation order(s).

After completing all of your sentences, you must have completed a waiting period:

  • 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 Do I Know How Long To Wait Before I Am Eligible For A Pardon?

  • You do not need to wait if you were found not guilty for the offense you were charged
  • 10 years for indictable convictions
  • Pardon record suspension will NOT be granted if your charge was a sexual conviction where the victim was a minor
  • Pardon record suspension will NOT be granted if you have 4 or more indictable convictions, each of which 2 years or more of jail time was served
  • If your offense was discharged then the waiting period begin from the court date
  • For convictions, waiting periods begin once the sentence imposed by the court is satisfied.

What Is Included In A Sentence?

For the purpose of applying for a Pardon, a sentence means the conditions that a judge ordered you to complete. A sentence can include one or a combination of the following:

  • Compensation
  • Fine / Surcharge payment – this is paid to the court.
  • Probation – you must report to a probation officer.
  • Restitution – payment made to an injured party. For example, if you broke someone’s car window, you may be ordered to pay for the repair.
  • Jail time
  • Conditional Sentence Order – similar to jail time but served in the community. This type of order is usually made in the case where traditional jail is not seen as appropriate.
  • Prohibitions (such as driver’s license suspension, or not being allowed to possess firearms) are NOT INCLUDED in calculating eligibility for a pardon/record suspension.

Are There Any Advantages To Starting The Process Now?

Criminal Rehabilitation and Temporary Resident Permit

Yes. Even if the exact date of eligibility is known, it is important to begin collecting the necessary paperwork as soon as possible because it can take several months. Most documents do not expire, so acquiring them in advance is a good idea. Also, if there are any complications with your file, we will be able to spot them and remedy them well in advance of your eligibility date.

By Starting Early We Can Do The Following:

  • We can find out quickly if your file was transferred to the RCMP or if a mistake was made.

  • We can calculate your exact eligibility date.
  • You can provide Reference letters to employers or Canadian Immigration etc., as evidence that the pardon record suspension process is underway and will be successfully completed.
  • We can obtain and analyze necessary court documents.
  • We can ensure that your application is submitted the day you are eligible.

We Can Help You With Your Record Suspension Application!

We Can Help You With Your Super Visa Application

We have dealt with hundreds of Record Suspension Application cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.

If you are worried about the legal fees, don’t be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us, and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit, which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.

Consultation icon

Book a Consultation

One of our Representatives will
assist you with your matter. Book Now!
Book a Consultation

Call us icon

Call us for
more Information

Online form icon

Write Us (Online Form)

Complete our form and one of our
Representatives will contact you.
Immigration inquiries

Consultation icon

Book a Conslutation

One of our Representatives will
assist you with your matter. Book Now!
Book a Consultation

Call us icon

Call us for
more Information

Write Us (Online Form)

Complete our form and one of our
Representatives will contact you.
Immigration inquiries

Akrami & Associates logo element

Subscribe To Our Newsletter

Akrami & Associates logo element

There is always a way