How to Apply for a Canadian Record Suspension Through the Parole Board

Who can apply for a record suspension?

The Parole Board of Canada (PBC) is the federal agency responsible for ordering, refusing and revoking record suspensions for convictions under federal acts or regulations. You can apply directly to the PBC; a lawyer or paid third-party company is not required and cannot give your application special status or guarantee approval.

A record suspension is available to eligible people who have completed their sentences and the applicable waiting period. It sets the criminal record aside rather than erasing the conviction.

When can you apply?

You must first complete every applicable part of your sentence. This includes imprisonment and applicable release periods, conditional sentences, probation, and required payments such as fines, surcharges, restitution and compensation orders. The waiting period is then determined under the Criminal Records Act rules applicable to the date of your first offence.

Which waiting period applies?

• First offence before June 29, 2010: generally 3 years for an offence punishable on summary conviction and 5 years for an indictable offence.
• First offence from June 29, 2010 through March 12, 2012: the applicable period can be 3, 5 or 10 years depending on the offence and how it was prosecuted.
• First offence on or after March 13, 2012: generally 5 years for an offence punishable on summary conviction and 10 years for an indictable offence. Statutory ineligibility rules also apply to certain cases.

Because the applicable regime depends on the date of the first offence, do not determine eligibility solely from the date you were convicted.

What documents do you need?

The official PBC process requires several records to be collected before the application is mailed. Depending on your history, the package can include:

• the Record Suspension Application Form;
• your RCMP Criminal Record or Certification of No Criminal Record and any required Proof of Conviction documents;
• Court Information Form(s) for your convictions;
• a Military Conduct Sheet if applicable;
• Local Police Records Check Form(s);
• a photocopy of an accepted government-issued identity document;
• the Schedule 1 Exception Form, if applicable;
• the Measurable Benefit/Sustained Rehabilitation Form, when required;
• the application processing fee and Processing Fee Form where applicable; and
• the Record Suspension Applicant Consent & Privacy Form.

Get your RCMP criminal record first

Have your fingerprints taken by an accredited fingerprinting company or a police service able to submit them electronically. The submission must state that you are applying for a record suspension. When the RCMP record arrives, compare it with your full conviction history. You are responsible for reporting all convictions, and a missing conviction may require Proof of Conviction from the court and/or police service.

Get court information for each conviction

Each relevant court must provide the required information about your conviction, including the method of trial and required payment information. If more than one court sentenced you, each court must complete the appropriate information. The official court forms must be properly signed, dated and stamped or sealed.

Get your local police records checks

You need a Local Police Records Check for your current city or town and for each city or town where you lived for 3 months or more during the last 5 years. The PBC states that each Local Police Records Check is valid for 12 months from its issue date. Requirements also apply when you lived outside Canada; follow the PBC instructions for foreign police services and translations.

How much does a record suspension application cost?

The PBC application processing fee is $50 CAD. You are responsible for additional costs charged by other organizations for fingerprints, criminal record documents, court documents and police checks. These additional charges are not included in the $50 PBC fee and can vary.

The PBC accepts credit card payment using its current Processing Fee Form, or a certified cheque, money order or bank draft payable to the Receiver General for Canada. Personal cheques and cash are not accepted.

Where do you submit the application?

The record suspension application itself is submitted by mail. After completing the official checklist, mail the application, payment and required documents to:

Parole Board of Canada
Clemency and Record Suspension Division
410 Laurier Avenue West, 5th Floor
Ottawa, Ontario K1A 0R1

The PBC requires original documents with original signatures and official seals or stamps from courts and police, except that the identity document is submitted as a photocopy. Keep copies of the entire package for your records.

How long does a record suspension take?

Processing timelines begin after the PBC has accepted an application as eligible and complete. The PBC endeavours to process applications involving summary-conviction offences within 6 months and applications involving indictable offences within 12 months. An application where the PBC proposes to refuse a record suspension may require up to 24 months because the applicant must be given an opportunity to make representations.

Time spent obtaining fingerprints, RCMP records, court information and police checks occurs before this PBC application-acceptance timeline and can vary.

What can cause your application to be returned?

• Applying before you are eligible.
• Leaving questions unanswered or providing incomplete information.
• Failing to report all convictions.
• Submitting incomplete court or police forms or forms without required signatures, seals or stamps.
• Using police checks or consent documents outside their validity periods.
• Omitting or incorrectly completing the application fee payment.
• Failing to provide original documents where the PBC requires originals.

Answer every question truthfully. False or misleading statements or hidden information can result in an application being returned and can later cause an ordered record suspension to be revoked or cease to have effect.

What does a record suspension actually do?

A record suspension keeps an eligible criminal record separate and apart from other criminal records and removes it from ordinary searches of the Canadian Police Information Centre (CPIC). It does not erase the conviction.

A record suspension also does not guarantee entry to another country or eligibility for a foreign visa. Certain former sexual offences remain flagged for vulnerable-sector screening. A record suspension can also be revoked or cease to have effect in circumstances established by the Criminal Records Act, including certain new convictions, loss of good conduct, false or misleading statements, hidden information, or a finding that the person was not eligible when the suspension was ordered.

Check whether a special rule applies to you

If your record consists only of an absolute or conditional discharge, or only youth court/youth justice court convictions, the PBC states that you do not need to apply for a record suspension. If you have a Schedule 1 conviction and your first offence occurred on or after March 13, 2012, special eligibility rules and the Schedule 1 Exception Form may apply. The PBC also provides a separate expedited process for eligible simple-possession-of-cannabis cases.

Do you need a lawyer or pardon company?

No. You may prepare and submit the application directly using the free official PBC guide and forms. Paying a third-party provider does not make the PBC process the application faster, does not give it special status and does not guarantee that a record suspension will be ordered.