As of January 1, 2022, the fee to apply for a criminal record suspension has been reduced from $657.77 to $50. If you or someone you know has wanted to apply for a record suspension but has been putting it off because of the cost, now would be a great time to apply! If you or someone you know has a criminal record but is not familiar with the record suspension process, read on for a quick summary.
Canada no longer offers pardons for criminal offences. Instead, a person with a criminal record can apply to have that record suspended. A record suspension removes the record from the Canadian Police Information Centre (CPIC) database, so a CPIC search will not show that person’s criminal record. This can be helpful in a number of circumstances, including applying for a job and crossing an international border. Your record suspension is revocable, so if you are convicted of a criminal offence after your record has been suspended you may find that your entire criminal record is restored.
Eligibility for a record suspension depends on the type of offence for which you were convicted. A summary conviction creates a 5-year waiting period, while a conviction by indictment creates a 10-year waiting period. The waiting period begins to run after the sentence is complete, not from the conviction date. That means if you are convicted of a summary offence and sentenced to 2 months in jail and 12 months of probation, you will be eligible for a record suspension 5 years after your probation ends. If you are convicted of another offence, the waiting period resets.
Applications for a licence suspension are made to the Parole Board of Canada. There are a number of steps in the application, which include getting a certified copy of your criminal record and completing a form that explains how a record suspension will benefit your rehabilitation efforts.
I’ve covered the broad strokes of the record suspension process above, but there are other rules and exceptions that may apply depending on your particular circumstances. A criminal defence lawyer can help you prepare your application and navigate the application process.