I Want to Have My Criminal Record Removed

If you have a criminal record, you may apply to the Parole Board of Canada for a record suspension (formerly a pardon). A record suspension does not change the fact that you were convicted, nor does it erase your criminal record. A record suspension keeps your criminal record separate and apart from other criminal records by removing all information about your convictions from the Canadian Police Information Centre (CPIC).

The key benefit of a record suspension is it removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government and eligibility for Canadian citizenship. In many ways, a record suspension allows law-abiding citizens the opportunity to reintegrate into society.

In order to be eligible for a record suspension, you must be conviction-free for a period of time after completion of your sentence and also be of good conduct during that period. The waiting period for a record suspension is five years for all summary offences, such as theft under $5,000, and ten years for all indictable offences (indictable offences are considered more serious than summary offences). However, not everyone is eligible for a record suspension. For example, if you have been convicted of sexual offences against minors (with certain exceptions), you are not eligible for a record suspension.

In applying for a record suspension, you must show how receiving a record suspension would provide you with a "measurable benefit," and describe how it will help your rehabilitation into society as a law-abiding citizen.

First steps

1. Get a record suspension application package from the Parole Board of Canada by calling 1-800-874-2652 or downloading the "Record Suspension Guide" on their website. You can also get a record suspension application package at many police stations and courthouses. This application package includes the forms you will need to apply for all of the required supporting documents. (Alternatively, use one of the private services that help people get record suspensions. They charge a fee to help fill out your application and obtain and submit necessary documents. Look in the Yellow Pages or on the internet under "pardons" or "record suspensions.")
2. Get a copy of your criminal record from the RCMP and local police records from the local police.
3. Get copies of your ID and proof of your status in Canada, if you were not born here.
4. If required, get additional information from the court where you were convicted. You will need additional court information if you do not already have proof of payment for all fines, victim surcharges, restitution, and compensation, as well as proof of the method of trial for each conviction (that is, summary or indictable).
5. Complete the record suspension application and send it to the Parole Board of Canada with $631 and all of the necessary supporting documents, including the required checklist found in the application package. Your application must include information on:
   • What changes a record suspension would bring to your present circumstances.
   • All positive changes you have already made to improve your situation since your conviction (plus supporting documents).
   • A description of the circumstances and how/why the offences were committed.

What happens next

The Parole Board of Canada will examine your application to decide if you are eligible for a record suspension. You will be advised of their decision in writing in about 12 to 20 months.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Parole Board of Canada.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• The Clicklaw common question "How do I apply for a pardon?"

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Hewson, February 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."