If you’re hoping to clear your criminal record in Canada, demystifying eligibility criteria for record suspension is the first step in reclaiming your freedoms. The experts at Pardons Canada are here to help.
A record suspension (formerly known as a pardon) allows Canadians who have completed their sentences and demonstrated law-abiding behaviour to seal their criminal record from public visibility. It can help create easier access to employment, travel, and more without the shadow of past mistakes.
This article breaks down the key record suspension eligibility requirements and steps you must take to determine if and when you can apply for a record suspension and start on the path to a brighter future.
Record Suspension Eligibility Requirements
Your record suspension eligibility depends largely on the nature of your offence. Different types of convictions will impose specific pardon eligibility criteria.
- Summary offences generally require a waiting period of five years after all sentences, including fines, community service, or probation, have been fully served.
- Indictable offences are more severe and require a ten-year waiting period under the same conditions.
A crucial component of your records suspension eligibility, no matter the offence you have been handed, is that you have completed all of the sanctions of your sentence, including any fines, costs, surcharges, orders of restitution, probation, and jail time before these pardon waiting periods begin.
Disqualifications from Being Eligible for Record Suspension
Factors such as ongoing criminal behaviour or new charges can impact whether you are eligible for a pardon. Certain crimes, like sexual offences against minors, may disqualify you from receiving a record suspension completely. Furthermore, the Parole Board of Canada assesses your conduct during the waiting period, and any negative behaviour can adversely affect your application.
Common Misconceptions About Record Suspension Eligibility
When it comes to record suspension eligibility, some common misconceptions can lead to confusion and unrealistic expectations. Here are some of the most common myths debunked:
- Immediate Eligibility After Sentence Completion: Many think they are eligible for a record suspension immediately after completing their sentence. As we have learned, eligibility begins only after all sentence conditions are met.
- Pardons and Suspensions Are Granted Automatically: Some believe that once eligible, record suspensions are automatically granted. However, the process requires a comprehensive application to the Parole Board of Canada.
- No Need to Disclose Suspended Records: There’s a common belief that once a record is suspended, it never needs to be disclosed. While true for most civilian purposes, certain roles may still require disclosure of past offences.
Contact Us About Your Eligibility for a Record Suspension
Successfully sealing your record starts by understanding the pardon eligibility criteria and ensuring you’ve met all legal obligations from your past offences. If you are ready to move forward without your past holding you back, Pardons Canada is ready to support you. For assistance or inquiries about your eligibility for a record suspension, contact our dedicated team today to get the guidance you need.
