How to Serve on a Jury in Canada
How to serve on a jury in Canada: Ontario, British Columbia and Alberta summons routes, who is eligible, exemptions, and the juror fees on official pages.
How to Apply for a Record Suspension (Pardon) in Canada
The Parole Board of Canada record suspension route: completing sentences, the 3, 5, or 10 year waiting periods, the $50 fee, and the ten-step application file.
Applies in: CA
A record suspension lets a person with a criminal record, who has finished all sentences and shown law-abiding conduct for a set number of years, have the record set aside in the Canadian Police Information Centre database. The Parole Board of Canada is the official federal agency responsible for processing record suspension applications for convictions under federal acts or regulations of Canada, and it can order, refuse to order, and revoke record suspensions. This guide describes the application mechanics only, from the Parole Board pages. It gives no legal advice, it does not assess any person's eligibility, and it does not predict any decision. Anyone unsure about eligibility should contact the Parole Board information line at 1-800-874-2652 before gathering documents.
Step 1: Confirm the conviction type and complete every sentence
A person can apply if convicted of an offence in Canada under a federal act or regulation of Canada as an adult, or convicted of a crime in another country and transferred to Canada under the Transfer of Offenders Act or the International Transfer of Offenders Act. A person does not need to apply if the person only received an absolute or conditional discharge, or was only convicted in a youth court or youth justice court.
Before the waiting period starts, every part of every sentence must be complete. That includes payment in full of any fines, surcharges, costs, restitution, and compensation orders; all sentences of imprisonment, including parole and statutory release, as well as conditional sentences; and any probation orders. Weapons or driving prohibition orders do not need to be expired before the waiting period begins, and a record suspension will have no effect on those orders.
Step 2: Work out the waiting period from the first offence date
The waiting period is 3, 5, or 10 years, based on the date of the first offence. The Parole Board eligibility page states the table in full. Identify when the first offence was committed, not the date of sentencing, and identify whether the conviction was summary or indictable. The court can confirm the method of trial, and the tip on the eligibility page is to contact the court for that information.
For a first offence before June 29, 2010, the wait is 5 years for an offence prosecuted by indictment and 3 years for an offence punishable on summary conviction. For a first offence between June 29, 2010 and March 12, 2012, the wait is 10 years for a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, an offence with a prison term of 2 years or more, and a Schedule 1 offence prosecuted by indictment; 5 years for any other offence prosecuted by indictment and for a Schedule 1 offence punishable on summary conviction; and 3 years for any other offence punishable on summary conviction. For a first offence on or after March 13, 2012, the wait is 10 years for an offence prosecuted by indictment and 5 years for an offence punishable on summary conviction. If the court cannot confirm the method of trial, the longest waiting period under the applicable version of the Criminal Records Act applies. A person may not be eligible if the first offence was committed on or after March 13, 2012 and the person was convicted to a prison term of 2 years or more for more than three indictable offences, or was convicted of a Schedule 1 offence and does not meet the exception criteria in Step 6 of the application guide.
Step 3: Get the criminal record with fingerprints
Fill in the Record Suspension Application Form first, in the Parole Board order of steps. Answer all questions truthfully and completely, print in capital letters using black and blue ink only, and do not use correction tape or fluid. If a question is left unanswered, the Parole Board will return the application and documents.
Next, get fingerprints taken at an accredited fingerprinting company or a police service that can submit fingerprints electronically. The electronic fingerprint submission must clearly state the applicant is applying for a record suspension. Wait for the criminal record, showing criminal convictions and conditional and absolute discharges, or a Certification of No Criminal Record, from the Royal Canadian Mounted Police. Include every document the RCMP provides. Check that all convictions are included. If any conviction is missing, get a Proof of Conviction for each one from the court that heard the case or the police service that made the arrest, showing the date and court of sentencing, the offence, the sentence, and the arresting police force. Convictions outside Canada must also be reported to the Parole Board with the criminal record.
Step 4: Get court information for each conviction
Get court information for each conviction, using a Court Information Form for each court. Answer questions 1 to 6 on the form, give each court a copy of the criminal record, and ask each court to fill in the For Court Use Only section. Each court form must include proof and date of last payment for any fines, victim surcharges, restitution, and compensation; the method of trial for each conviction, summary, indictable, or unknown; all convictions from that court; the court signature and date; and an official court seal or stamp. Check that the court information matches the criminal record. If the two do not match, or the court has a conviction not on the criminal record, ask the court for a Proof of Conviction. Make extra copies of court documents, because they may be harder to obtain after a record suspension is ordered.
Step 5: Get local police records checks and identity proof
Get a local police records check for the city or town where the applicant lives now, and for each city or town where the applicant lived during the last 5 years for 3 months or more. Fill in all questions on page 1 of the Local Police Records Check Form, photocopying it for each police service contacted. Show the criminal record to each police service and ask it to fill in the For Police Use Only section on page 2. A current photo ID and a second piece of ID are needed; contact the police service in advance to confirm the ID types it accepts. If the applicant lived outside Canada, contact the local police service where the applicant lived; if that service will not give a check, a signed letter from the service stating the applicant has been law-abiding will be accepted, translated into English or French with the original submitted if it is in a foreign language. Each check is valid for only 12 months from its issue date.
Submit a clear photocopy of a valid government-issued identity document, federal, territorial, provincial, or municipal, showing name, date of birth, and signature. A driver's licence or passport are the examples the guide gives. Current or past members of the Canadian Armed Forces, Regular or Reserve, must also get a certified, signed, and dated Military Conduct Sheet, or a letter from the Commanding Officer or appropriate organization stating no information is available, following the routes in Step 4 of the guide for the date the member left service.
Step 6: Complete the extra forms that apply, then pay and mail
Complete the Schedule 1 Exception Form only if there is a Schedule 1 conviction and the first offence was committed on or after March 13, 2012. The Board must be satisfied the person was not in a position of trust or authority toward the victim, did not use, threaten, or attempt violence, intimidation, or coercion, and was less than five years older than the victim, with official documentation proving the victim's age. Fill in all sections of the form, or the Board will return the application.
Complete the Measurable Benefit and Sustained Rehabilitation Form, describing clearly how a record suspension would provide a measurable benefit and sustain rehabilitation as a law-abiding citizen. Fill in questions 1, 2, and 3 if the first offence was committed on or after June 29, 2010. The form is optional for a first offence on or before June 28, 2010, apart from the optional personal and social history questions the guide lists.
Pay the processing fee of $50.00 in Canadian dollars. Accepted payment types are credit card using the Record Suspension Application Processing Fee Form, certified cheque, money order, and bank draft payable to the Receiver General for Canada. The Parole Board will not accept a personal cheque or cash. If the fee is missing, incomplete, or inaccurate, the application may not be processed and may be returned. Complete the Record Suspension Applicant Consent and Privacy Form, with full legal name and date of birth on page 1 and a signature and date on page 2. That form is valid for only 12 months from signing.
Before mailing, keep a photocopy of every document. Mail the original application form, criminal record, court information forms, military conduct sheet if required, local police records check forms, identity photocopy, Schedule 1 exception form if required, measurable benefit form if required, payment, and consent form to the Parole Board of Canada, Clemency and Record Suspension Division, 410 Laurier Avenue West, 5th Floor, Ottawa, Ontario K1A 0R1. Original documents with original signatures and official seals or stamps are required, except for the identity document. Forms that have been tampered with will be returned.
A record suspension can be revoked or cease to have effect if the person is convicted of a new indictable offence, or in some cases a summary offence; is found to no longer be of good conduct; is found to have made a false or misleading statement or hidden information; or is found to have been ineligible at the time the record suspension was ordered. No processing-time figure is stated in this guide, because no service standard was verified on a Parole Board page. Ask the Parole Board for the current processing estimate before planning around a date.
Figures left out: no fingerprinting fee, court document fee, or local police check fee is stated, because those charges vary by provider and were not verified on a Parole Board page. No processing-time figure is stated for the same reason. The only fee stated is the $50.00 Parole Board processing fee, verified on two Parole Board pages.
Related guides:
- How to Start Getting a Police Certificate for a Licence or Credential Application — police certificates for licence and credential applications, a separate check from the record suspension police records checks.
- How to Get a Security Guard Licence in Quebec — a licence route where a criminal record and good character checks form part of the application, for readers comparing record checks.
- How to Become a Correctional Officer in Canada — correctional work, a separate federal and provincial employment route.
- How to Start Requesting Government Records Through the ATIP Request Service in Canada — requesting government records, a separate access process from a record suspension application.
The record suspension application, in five moves
- Complete every part of every sentenceFines, surcharges, costs, restitution, and compensation orders must be paid in full, and imprisonment, conditional sentences, and probation orders must be complete, before the waiting period starts.
- Work out the waiting period from the first offence dateThe waiting period is 3, 5, or 10 years, depending on the date of the first offence and whether the offence was prosecuted by indictment or punishable on summary conviction.
- Gather the criminal record, court information, and police checksFingerprints go in electronically for a record suspension, court information is obtained for each conviction, and local police records checks cover the current address and each place lived in during the last 5 years for 3 months or more.
- Complete the application and any extra forms that applyThe application form, identity document, measurable benefit form where required, Schedule 1 exception form where required, and consent and privacy form make up the file, with the military conduct sheet for current or past Canadian Armed Forces members.
- Pay the $50 fee and mail the originalsThe processing fee is $50.00 in Canadian dollars, paid by credit card, certified cheque, money order, or bank draft. Personal cheques and cash are not accepted. The file goes to the Clemency and Record Suspension Division in Ottawa.
Questions people ask
Is a record suspension the same as a pardon, and does it erase the record?
The term pardon was replaced by record suspension, and the Parole Board of Canada pages use record suspension throughout. A record suspension does not erase a criminal record. It sets the record aside in the Canadian Police Information Centre database, so a search of that database will not show the record. Sexual offences continue to be flagged in vulnerable sector checks, and a record suspension does not guarantee entry or a visa to another country. A record suspension will have no effect on driving or weapons prohibition orders.
How long must I wait before applying?
First complete all sentences, then complete the waiting period. For a first offence before June 29, 2010, the wait is 5 years for an offence prosecuted by indictment and 3 years for an offence punishable on summary conviction. For a first offence between June 29, 2010 and March 12, 2012, the wait is 10 years for a serious personal injury offence, an offence with a prison term of 2 years or more, or a Schedule 1 offence prosecuted by indictment; 5 years for any other offence prosecuted by indictment and for a Schedule 1 offence punishable on summary conviction; and 3 years for any other offence punishable on summary conviction. For a first offence on or after March 13, 2012, the wait is 10 years for an offence prosecuted by indictment and 5 years for an offence punishable on summary conviction. Identify the date of the first offence, not the sentencing date, and the method of trial. If the court cannot confirm the method of trial, the longest waiting period under the applicable version of the Criminal Records Act applies.
Who cannot apply, or needs an extra form?
A person may not be eligible if the first offence was committed on or after March 13, 2012 and the person was convicted to a prison term of 2 years or more for more than three indictable offences, or was convicted of a Schedule 1 offence and does not meet the exception criteria. A Schedule 1 exception form is required only for a Schedule 1 conviction where the first offence was committed on or after March 13, 2012, and the Board must be satisfied the person was not in a position of trust or authority, did not use violence, intimidation, or coercion, and was less than five years older than the victim, with official documentation proving the victim's age. A person does not need to apply if the person only received an absolute or conditional discharge, or was only convicted in a youth court or youth justice court. The Parole Board has no jurisdiction over youth offences recorded before 1996 that are not listed on the criminal record; contact the court and police agency directly for those.
What does it cost, and do I need a lawyer or a company to apply?
The Parole Board processing fee is $50.00 in Canadian dollars. Applicants also pay for fingerprints, the criminal record, court documents, and police checks. No lawyer or for-profit third-party company is needed. A person can apply directly to the Parole Board, and using a for-profit company will not guarantee a record suspension, fast track the review, or give the application special status. The Parole Board states such claims are false and misleading. Applicants who need help beyond the Parole Board website and the 1-800 information line may be able to access community support services in their area.
How long are the police checks and the consent form valid?
Each local police records check is valid for only 12 months from the date it was issued. The consent and privacy form is valid for only 12 months from the date it was signed. Time the gathering of documents so the checks and the consent form are still valid when the full file is mailed. The Parole Board will return an application if the local police records check form lacks the For Police Use Only information, the police service signature and form date, or the police service seal or stamp.
Is there a faster or free route for simple possession of cannabis?
Yes, for simple possession of cannabis only. The cannabis record suspension route has no waiting period and no fee. A person can apply as soon as the sentence is complete, even with unpaid fines or victim surcharges, if the only conviction is simple possession of cannabis as an adult in Canada. Applicants still pay for fingerprints, the criminal record, court documents, and police checks. Use the cannabis application guide and forms, not the regular guide, for that route. A cannabis record suspension also sets the record aside rather than erasing it, and does not guarantee entry or a visa to another country.
Sources
- Parole Board of Canada, Record Suspension - Applying for a Record Suspension — the Parole Board as the responsible federal agency, the CPIC set-aside effect, eligibility, completed sentences, the 3, 5, or 10 year waiting period, the $50.00 fee, the direct-application statement, the limits of a record suspension, and the revocation grounds.
- Parole Board of Canada, Who is eligible for a record suspension? — the eligibility and non-application cases, the completed-sentence elements, the full waiting-period table by first offence date, the longest-period rule where the method of trial is unconfirmed, and the ineligibility cases for first offences on or after March 13, 2012.
- Parole Board of Canada, Applying for a record suspension — the ten steps, fingerprint and criminal record rules, court information requirements, military conduct sheet routes, local police records check coverage and 12-month validity, identity proof, Schedule 1 exception conditions, measurable benefit form, $50.00 fee and accepted payment types, consent form validity, and the Ottawa mailing address.
- Parole Board of Canada, Record Suspension - Applying for a Cannabis Record Suspension — the cannabis-only route with no waiting period and no fee, and the direct-application statement for that route.