A criminal record can follow you long after your sentence is complete, affecting your ability to work, travel, or volunteer. Many people are unaware that in Canada, it is possible to have your record set aside through a pardon, also known as a record suspension. This process gives individuals a second chance by removing their past convictions from the public record. Understanding how to apply, who is eligible, and the benefits of clearing your record can help you take a positive step forward.
1. What is a Record Suspension?
A record suspension in Canada does not erase your criminal history, but sets it apart from other criminal records. Once granted, your conviction will no longer appear in most background checks conducted by employers, volunteer organisations, or educational institutions. Essentially, it helps you start fresh and move on from the past without the stigma of a criminal conviction.
The Parole Board of Canada (PBC) is the only authority that can grant a record suspension. Once approved, the record is sealed and can only be reopened in specific circumstances, such as if you are charged with a new offence.
2. Who is Eligible for a Record Suspension?
Eligibility for a pardon application depends on several factors. You must have completed all parts of your sentence, including any jail time, probation, fines, or restitution orders. In addition, you must have maintained good behaviour and avoided any new criminal charges after completing your sentence.
The waiting period before applying depends on the type of offence. For most summary offences, you must wait five years after completing your sentence. For indictable offences, the waiting period is ten years. However, certain offences, especially those of a sexual nature involving minors, are not eligible for a record suspension.
If you are unsure whether you qualify, it is best to consult a lawyer who can review your case and guide you through the pardon application process.
3. How to Apply for a Record Suspension
The pardon application process involves several steps. You will need to:
- Obtain your criminal record from the RCMP.
- Collect court documents confirming that your sentence is complete.
- Obtain local police records from areas where you have lived in the past five years.
- Fill out the official application forms provided by the Parole Board of Canada.
- Submit your completed application along with the required fee.
The process can take several months, depending on how quickly documents are gathered and reviewed. Working with a legal professional can help ensure accuracy and prevent delays.
4. Benefits of Clearing Your Record
Once your record suspension in Canada is approved, your criminal record is removed from public access. This means it will not appear in standard criminal background checks for jobs, volunteer roles, or housing applications.
If you are seeking to clear a criminal record in Toronto, a record suspension can also help you regain travel privileges, improve your reputation, and restore personal peace of mind. While the record still exists, it is hidden from public access, allowing you to rebuild your life with confidence.
Final Thoughts
Applying for a record suspension in Canada can be life-changing. It allows you to move forward without the weight of past mistakes holding you back. Whether you are applying for a job, trying to volunteer, or simply want to start over, a pardon application offers a fresh beginning.
If you live in Toronto and are ready to clear your criminal record, seeking professional legal advice can make the process smoother and more effective. Everyone deserves a second chance, and a record suspension can help you reclaim yours.