A record suspension is a process where you can apply to have your criminal record set aside by the Parole Board of Canada (“PBC”). When the PBC orders a record suspension regarding a conviction, the judicial record of the conviction will be kept separate from other criminal records. In addition, any disqualification or obligation you are subject to because of the conviction, aside from a few limited exceptions, will be removed.  

However, a record suspension does not erase a convicted offence, and some consequences may still flow from it. For example, you may still be denied entry or visa privileges to another country, and in the case of sexual offences, they will still appear on vulnerable sector checks. 

Am I eligible to apply for a record suspension?

Suppose you were convicted of an offence under an Act of Parliament or are a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act. In that case, you might be eligible to apply for a record suspension. However, the applicable period must have elapsed after the expiration of any sentence you received for your conviction, including a sentence of imprisonment, a period of probation, or the payment of any fine.  

In the case of any indictable offence or a service offence where the offender was punished by any of the following, the period is 10 years. This includes: 

• A fine of more than five thousand dollars  
• Detention for more than six months
• Dismissal from Her Majesty’s service 
• Imprisonment for more than six months 
• Punishments that are greater than imprisonment for less than two years set out in subsection 139(1) of the National Defence Act

In the case of any offence that is punishable on summary conviction or a service offence other than those described above, this period is five years. 

It is also worth noting that you will not be eligible for a record suspension at all if you are charged with a variety of sexual offences outlined in the Criminal Records Act and you were:  

• In a position of trust or authority toward the victim, 
• In a relationship of dependency with the victim, 
• Used, threatened to use or attempted to use violence, intimidation or coercion against the victim, 
• More than five years older than the victim. 

You will also not be eligible if you were convicted for more than three total offences prosecuted by indictment or service offences that are subject to a maximum punishment of imprisonment for life and for which you were sentenced to imprisonment for two years or more. 

What is the process for a record suspension application? 

1. Obtain your Criminal Record  

If any of your convictions are missing from your criminal record, you will need to get a Proof of Conviction for them by contacting the court that heard your case or the police service that arrested you.  

2. Get your Court Information for each of your Convictions 

These must include proof and date of last payment for any fines, victim surcharges, restitution, and compensation. In order to obtain your information, you must fill out a court information form.  

3. For Members of the Canadian Armed Forces 

The third step is only applicable if you are a current or former member of the Canadian Forces. If you are, you will need to get your military conduct sheet. In order to do so, you must fill out and submit an Access to Information Request Form.  

4. Get a local police record check  

This includes your current and previous residence within the last five years. In some jurisdictions, we will be able to do this on your behalf with your consent. 

5. Submit Government ID 

A clear photocopy of a valid government-issued document with your name, date of birth and signature on it. 

6. Schedule Six Exemption Form 

The sixth step is only applicable if you have been convicted of certain sexual offences. 

If you have, you must complete the schedule six exemption form. This form will allow the PBC to consider suppressing your record despite the general rule that records for these offences cannot be suppressed. 

7. Fill out the Record Suspension Application Form 

The PBC will use the information on this form to contact you, so it is important that it is completely and correctly filled out. 

8. Fill out the Measurable Benefit/Sustained Rehabilitation Form 

This is the form that the PBC will primarily use to decide whether or not to suppress your record. You must describe how receiving a record suspension would provide you with a measurable benefit and sustain your rehabilitation into society as a law-abiding citizen. 

9. Pay the Application Processing Fee 

If you retain our firm to aid you in the application process, this fee will be included in our price.  

What if I have been charged with marijuana possession? 

If you have been charged with marijuana possession in addition to other offences, the process is the same as any other offence. However, if you have only been charged with simple marijuana possession, the application process for a record suppression is different. 

1. Obtain your Criminal Record  

If any of your convictions are missing from your criminal record, you will need to get a Proof of Conviction for them by contacting the court that heard your case or the police service that arrested you. 

2. Get a local police record check  

This includes your current and previous residence within the last five years. In some jurisdictions, we will be able to do this on your behalf with your consent. 

3. Obtain Court Information for Simple Possessions 

This information is for each of your simple possession convictions. These must include proof and date of last payment for any fines, victim surcharges, restitution, and compensation. In order to obtain your information, you must fill out a court information form.  

4. For Members of the Canadian Armed Forces 

The fourth step is only applicable if you are a current or former member of the Canadian Forces. If you are, you will need to get your military conduct sheet. In order to do so, you must fill out and submit an Access to Information Request Form.  

5. Fill out the Cannabis Record Suspension Application Form  

The PBC will use the information on this form to contact you, so it is important that it is completely and correctly filled out. You must also submit a clear photocopy of a valid government-issued document with your name, date of birth and signature on it. Once these steps are complete, you should complete the application checklist before mailing in your application. 

Can a record suspension be revoked?

A record suspension can be revoked by the PBC under a number of circumstances, including:  

• You are subsequently convicted of certain offences 
• There is evidence that you are no longer of good conduct 
• You knowingly made a false or deceptive statement in your application for a record suspension 
• You were not eligible for the record suspension when it was ordered 

Do I need a lawyer to apply for a record suspension?

While you do not require a lawyer to apply for a record suspension, it is advisable that you retain one. The process can be complicated and bureaucratic, making it a headache if you are not familiar with it. By retaining Collett Read LLP to aid in your record suspension application, you can rest assured that your application is being handled by experts and avoid the stress of navigating the application process yourself.