Application for Record Suspension (Pardon) in Canada

Sections 3 to 4.4 of the Criminal Records Act

The impact of a criminal record

If you have been convicted of a criminal offence, you now have a criminal record. This can have a major impact on your professional or private life. A pardon, also called a record suspension, is a procedure that lets you move on with your life without the social stigma and the consequences of a criminal record. It allows you to apply for new jobs without having to disclose your past: once the suspension is granted, most employers and organizations that run a check can no longer access your criminal record.

Waiting periods for a pardon application

You must first have completed your entire sentence, including paying any fines and finishing any probation. Depending on the procedure used to prosecute you and the offence that was committed, a pardon application may be made after a period of 5 or 10 years following the end of your sentence. If the proceedings against you were by summary conviction, the application may be made after 5 years; the period is 10 years for a prosecution by indictment.

Discharge

If you were granted an absolute discharge, a different but equally important procedure may be undertaken after a period of 1 year. If your discharge was conditional, the period is 3 years.

Applying for a pardon in order to travel

However, if your main goal is to travel, a pardon application is not the right procedure. Please refer to our section on the U.S. waiver to cross the American border.

How to apply for a pardon

To apply for a pardon, please contact us and one of our lawyers will handle your file. This way, you are assured that all the necessary documents and steps have been completed properly. Please note that an incomplete application sent to the competent authorities will be returned and you will have to file a brand-new application. The second application will be treated as a new application: it will undergo the same processing times, and the same file review fees will have to be paid again.

Processing time for a record suspension

Processing time can vary between 3 and 12 months, starting from the receipt of the application at the office of the competent authorities. Please note that all criminal record suspension applications, as well as U.S. waiver applications, are completed by lawyers specialized in the field.

Call us right away to start this important process!

Montreal area: 514 990-7884
Other regions of Quebec: 1 877 990-7884

See also

• Criminal Charge
• Waiver to Go to the USA
• Avoiding a Criminal Record Through a Discharge