Record Suspensions

• In 2010, the Conservative Government of Canada tabled Bill C-23 modifying the Applications to obtain a Pardon making it more difficult to obtain same.

The following is a summary or highlights of an Application for a Pardon now in Canada.

Highlights of An Application for a Record Suspension

• The Application is no longer called an Application for Pardon but rather now it is called a « Record Suspension Application»;

• A person may seek a record suspension if he/she has completed his/her sentence (which include payments of fines/surcharge, community hours, probation, etc.). After completing serving his/her sentence, a person must wait :

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  • 5 years if the matter proceeded summarily

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  • 10 years if the matter proceeded by indictment

• Under the Criminal Records Act (CRA), the Parole Board of Canada (PBC) may:

1.  
   • Accept the Record Suspension, or

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  • Refuse to order the Record Suspension; or

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  • Revoke the Record Suspension, if:

i. The person has been convicted of a new criminal offense

ii. The PBC finds that the person is no longer of good conduct

iii. The PBC learns that a false or deceptive statement was made, or relevant information was concealed at the time of the application.

• A person may not make an Application for a Record Suspension:

1.  
   1. If a person has been found guilty of a sexual offense against a child.
   2. If a person has been found guilty of more than 3 offences prosecuted by indictment each with a prison sentence of 2 years or more.

• The Record Suspension is a creation of a Canadian Statute and consequently, it only applies to Canada. Foreign Countries are not bound by it nor are they obliged to respect it.

• The Record Suspension does not cancel the effect of a conviction; per example, a driving or firearms prohibition order, sexual offender registry, etc., will continue to apply. A record suspension will not cancel these prohibition orders.