General

What is a pardon/record suspension?

A record suspension, formerly called a pardon, allows people who have completed their court sentence and proven themselves to be law-abiding citizens, to be removed from the active Canadian Police Information Centre’s (CPIC) database. Once a pardon has been granted your criminal record is hidden from view along with any record that you were issued a pardon. A pardon grants people a clean slate.

What is the CPIC?

CPIC stands for “Canadian Police Information Centre.” The CPIC is an electronic information system that holds the criminal records of anyone who has been charged or convicted of a crime in Canada. The Royal Canadian Mounted Police (RCMP) and many other Canadian police agencies can access CPIC. The United States is also capable of accessing the system if an individual is attempting to enter the United States from Canada.

CPIC is maintained by the Royal Canadian Mounted Police at their Ottawa headquarters.

What is the RCMP?

The Royal Canadian Mounted Police are Canada’s federal police force. They have jurisdiction throughout the entire county. They also maintain the CPIC, which is a computer information system that keeps a record of people who have been charged with crimes throughout Canada.

What is a criminal record?

A criminal record is a history of every criminal act a person has been charged with. Once you have been charged with a criminal offence, that information goes into the criminal database regardless of the result of any court proceedings.

Criminal records do not disappear automatically after a certain number of years; they are forever. Any prior criminal history can make it difficult to be a productive member of society and used to justify longer sentences should a person be convicted of another crime in the future.

How do I know if I have a criminal record?

If you have ever been charged with a crime, you have a criminal record. It does not matter if you were found not guilty or if the case was dismissed. Once you have been charged and fingerprinted, you are in the system. The RCMP assigns a fingerprint number that links to all of your identifying information and every criminal offence you have ever been charged with. This record will continue to exist in the system until you take steps to obtain a pardon.

Who grants pardons/record suspensions?

Only the Parole Board of Canada (PBC) has the power to grant, refuse or revoke a pardon/record suspension.

Who can unseal my pardoned/suspended record?

The Criminal Records Act governs pardons and states only the Canadian Minister of Public Safety can reveal information contained within a pardoned/suspended record. It is rare for pardons to be unsealed or revoked, but they can be in certain circumstances. However, as long as you refrain from future offences your criminal record will remain sealed.

How likely is it for a pardon/record suspension to be granted?

You will receive a pardon as long as you meet the eligibility requirements. One of the eligibility requirements is a waiting period of either 5 or 10 years after completing the requirements of your sentence. You cannot be charge with any other crimes during the waiting period or the clock resets. The length of the waiting period depends on the offence you were convicted of.

You are ineligible for a pardon/record suspension if you have been convicted of a sexual offence involving a minor. If you have served more than 2 years in jail on four or more separate occasions, you are also ineligible for a pardon.

What happens if my pardon/record suspension is denied?

As long as you are eligible for a pardon and are honest with the Parole Board, you will be granted a pardon. In the event a pardon application is denied, you can apply for a pardon again in one calendar year.

How long does the pardon/record suspension process take?

The average pardon process takes an average of 12-24 months. That may seem like a significant amount of time, but 3 to 10 months of that is spent collecting supporting documents needed for the application.

Fortunately, you can begin preparing your application prior to becoming eligible. Starting the process as early as possible is a good idea. The pardon application is time consuming and it can be difficult to determine your exact eligibility date prior to gathering RCMP and court records.

Who can apply for a pardon/record suspension?

Any person who was convicted of a criminal offence under a federal Canadian statute is able to apply for a pardon/record suspension, even if the offender is not a Canadian resident or citizen. A person who was transferred to Canada under the Transfer of Offenders Act, but was convicted of an offence in another country is also able to apply for a pardon/record suspension.

Can I complete and submit the application myself?

While most people choose to have a professional complete their pardon/record suspension application, there is nothing barring individual citizens from submitting an application on their own. However, the importance of the application and the long and complicated process convinces most applicants to seek help form a pardon specialist.

Will I get a visit from the police if I apply for a pardon?

No. Police only contact pardon applicants is extreme cases. We handle any communication with police agencies or other government institutions.

Why do I need to be fingerprinted again? The police already have them from my earlier charge.

Your fingerprints are needed to verify your identity. For the purposes of a pardon/record suspension application, fingerprints are required to be taken by the police or another accredited agency. The fingerprints are sent to the RCMP, who matches your fingerprints with your fingerprint serial number and criminal history.

Why do I need a pardon/record suspension?

A criminal record puts most people at a disadvantage for:

• Jobs
• Work promotions
• Being bonded
• Housing and apartment rentals
• Adoption
• Mortgage and other loan approvals
• Opportunities for education
• Volunteering options
• Child custody

Criminal records also limit travel options and make it difficult to gain Permanent Resident Status and citizenship. All of these disadvantages disappear when a pardon/record suspension is granted.

My criminal history has yet to affect my life. Why should I apply for a pardon?

Just because your criminal record has not affected your life so far, does not mean that you will not be affected in the future. A pardon ensures that you will never need to worry about past offences costing you a promotion at work, a job with a new company, or a bank loan. A pardon provides stability and peace of mind for past offenders. We encourage anyone with a criminal record to seek a pardon.

What happens to criminal record files after a pardon is granted?

The records of offenders who have been pardoned are kept separate from the CPIC database. Neither those records nor any record of your pardon can be disclosed without the express consent of Canada’s Minister of Public Safety. Provincial and municipal agencies are also notified of pardons so they can prevent access to your criminal record.

After a pardon is granted, what do I say when I am asked if I have been convicted of a criminal offence?

Employers are not allowed to ask if you have received a pardon/record suspension. They can only ask if you have a criminal record for which no pardon has been granted. If you have received a pardon/record suspension, the only answer to this question is no. You are not required to disclose that you received a pardon. A criminal history check will not reveal that your record has been pardoned or that you ever had a record at all.

What happens if I am charged with a new offence after receiving a pardon?

The Parole Board of Canada can revoke your pardon if you are charged with a criminal offence in the future. If you are convicted of a serious crime, your pardon will be revoked and all of your past criminal offences will once again be part of your criminal record. If you are convicted of a less serious offence or are granted a discharge, the parole board may revoke your pardon at their discretion.

Do I need to apply for a pardon for each of my past offences?

No. As long as the required waiting periods have passed for all of your criminal convictions, all past convictions can be pardoned with a single pardon/record suspension application.

Do I need a pardon if you my charges were withdrawn, stayed, dismissed or acquitted?

Even though you were not found guilty or convicted of an offence, your fingerprint serial number will be found during a criminal record search. You need to apply for a pardon to clear your criminal history.

Will a pardon/record suspension deal with military charges?

We collect all documents relating to any criminal charges you have ever faced, including charges from the military. Any military charges or convictions from your past will be included in the pardon application and removed from your record upon a pardon being granted.

Does my criminal record disappear after a prolonged period of good behavior?

No. Criminal records are forever unless you receive a pardon from the Canadian government. Criminal records are not automatically destroyed or sealed. Criminal records can only be removed by applying for pardon.

Pardon/Record Suspension Eligibility FAQs

When can you apply for a pardon/record suspension?

A pardon application can be submitted once a person has completed their court sentence and has waited the required length of time following sentence completion.

How will I know when I am eligible for a pardon/record suspension?

The length of a person’s sentence and the specific offence they were convicted of determines how long they must wait before they are eligible for a pardon. If you were convicted of a sexual offence where the victim was minor, you cannot apply for a pardon/record suspension. You are also ineligible for a pardon if you have been convicted of indictable offences 4 or more times and served a minimum of 2 years in jail for each offence.

For charges that been discharged, the waiting period starts on the day the case was discharged. The waiting period for charges that result in a conviction begins once all court requirements are completed.

What makes up the “sentence” when determining pardon/record suspension eligibility?

A sentence consists of everything the judge orders a person to complete. Sentences may include:

• Restitution
• Court fines or surcharge payments
• Probation for a specified amount of time
• Jail time
• Conditional Sentence Orders
• Treatment programs
• And many other things

What a sentence includes can vary wildly from one judge to another. The important thing to remember is that all conditions of your sentencing must be completed before the pardon eligibility countdown clock starts to tick.

I am not eligible for a pardon/record suspension yet. Will getting started early be advantageous?

Early preparation for the pardon application process is something we highly recommend. It can take months to collect all of the paperwork and documents needed to file a complete pardon application. Starting early allows you to track down documents and iron out any complications with your file well before your pardon eligibility date.

Employment FAQs

Can my employer or landlord see my criminal record?

Employers or landlords can only access your criminal record if you give them explicit permission to do so. However, many employers and landlords have made criminal background checks a mandatory provision for offers of employment or signing a lease agreement. You are not required to permit other people access to your criminal history, but it may raise a red flag if you decline.

You should attempt to obtain a pardon as soon as you are eligible. Once you have a pardon you can allow employers, landlords and anyone else to run a criminal background check without worrying if past offences will cost you a promising job or a great place to live.

Can my employer see that I have received a pardon/record suspension?

Criminal records are sealed after a pardon is granted. Once a record has been pardoned, a background check will indicate that you have never had a criminal record or a record suspension. The only way pardoned records can be accessed is by the authority of the Minister of Public Safety.

Can an employer ask a Young Offender about his or her criminal record?

Yes, employers can ask about your criminal record even if you are a Young Offender, and if they perform a background check, they will find out about Young Offender charges that have not been pardoned or destroyed.

I have worked at the same company for years. Can a criminal record affect me?

Yes. Working at a company for years does not protect you from an employer requesting a criminal background check. Criminal background checks are the norm for new hires and now employers are using them more and more to periodically check existing employee’s criminal histories as well.

Even if you are a model employee, a criminal record that your employer was unaware of could cost you your job or a future promotion. Obtaining a pardon/record suspension is the only way to ensure that a random background check does not cost you your job.

Will my criminal record prevent me from a job promotion?

Possibly. There is a good chance that your company will run a background check prior to officially offering you the promotion. Not only could the discovery of your criminal record cost you a shot at the promotion, it could even cost you your job. If you have a criminal record, apply for a pardon as soon as you can. If you put off applying for a pardon until you are eligible for a promotion, you are too late. The pardon application process is long and complex. Start the process as soon as you can so that you can avoid problems such as these in the future.

Can I get a job with a criminal record?

Certain jobs require that a person have a spotless criminal record. Other, more menial jobs may not. It is possible to obtain some jobs with a criminal record, but they are often low paying with little possibility for advancement. If you are eligible to apply for a pardon, do it. Clearing your criminal record allows you to have a realistic possibility of finding a job with a future.

Can an employer pay for an employee’s pardon/record suspension?

Absolutely. Some employers do pay for an employee’s pardon application. If a worker is good at their job, but a criminal record is hindering their ability to do an even better job, many employers will offer to pay the cost of obtaining a pardon. They may even be able to use it as a tax write-off.

Does a pardon allow truckers to get FAST Cards?

Yes, a pardon can help a trucker get a FAST Card. The Canadian Border Services is the agency that controls who gets a Fast Card. They do perform criminal background checks as part of the application process. The safest way to ensure your FAST Card application is not denied due to a criminal record is to obtain a pardon prior to applying.

Can I work with children, disabled people, the elderly or other groups of people considered vulnerable if I have a criminal record?

It depends on which crimes you have been charged with and convicted of. Individuals working with vulnerable groups undergo thorough criminal records checks that are specific to the group of people they will be working with. In most instances, employers are checking to ensure they are not hiring a person with a record for assault or sex-related offences.

Volunteering FAQs

Is it true that I have to have a criminal background check before I can volunteer? Is that legal?

Yes, any person wishing to volunteer in Canada must complete a criminal background check. In most cases, volunteer organizations will not accept volunteers with a criminal record.

Can I volunteer with a criminal record?

A criminal record may make it difficult for you to volunteer. You may be given the opportunity to explain your record, but in many cases, you will be turned away from volunteering for the organization.

Do I need a criminal record check to volunteer at my child’s school?

Yes. In most cases, a criminal background check is required before you will be allowed to volunteer at your child’s school. This is done to minimize threats to school safety.

Do I have to tell a volunteer organization about my criminal record in order to volunteer?

You are not obligated by law to inform any organization of your criminal record. However, by law you must complete a criminal records check before you can volunteer. If you have a criminal record that has yet to be pardoned, it will be best if you are honest about your past criminal offences.

Where do I get a criminal record check in order to volunteer?

The volunteer organization will provide you with a form to bring to local police who will conduct the records check. The police will conduct a search that reports any contact you have ever had with the police.

What information is included in a criminal record search for volunteer purposes?

Individuals with a criminal record who have not been granted a pardon/record suspension will have their entire criminal record disclosed. Once a pardon has been granted, your record will be sealed and you should have no trouble volunteering for most organizations.

What do volunteer organizations look for regarding my criminal records and my fitness to serve as a volunteer?

Every organization has their own specific set of guidelines. To ensure you are eligible for volunteer work with most organizations, it is important to apply for and be granted a pardon/record suspension if you have a criminal record.

Immigration FAQs

Do I have to apply for a pardon/record suspension prior to applying for immigration status?

Yes. Obtaining a pardon prior to applying for immigration status is prudent. A criminal record makes it much more difficult to obtain immigration status.

How does a criminal record affect Permanent Residence Status and citizenship applications?

A criminal record can be a reason to deny your application for Canadian citizenship. Even if a person is able to eventually gain citizenship with a criminal record, the record will slow the application and approval process to a crawl.

If a person has been convicted of a serious offence, it is possible that Citizenship and Immigration Canada will begin the process of removing the person’s permanent residence status and start deportation proceedings. This can even happen if you have had permanent status for years.

If you have or plan to obtain permanent resident status or Canadian citizenship, it is best to begin the pardon/record suspension application process as quickly possible.

Is there anything I can do if my application for Permanent Residence Status is denied because of my criminal record?

You should begin the pardon/record suspension process immediately if your criminal record has caused a denial of permanent residence status. Notify the immigration department of your pardon application along with the expected completion date.

Can a criminal record affect my refugee status?

Yes. A refugee with a criminal record may lose his or her refugee status and face deportation. Criminal convictions can also be cause to deny a refugee the ability to apply for permanent residency.

If the individual with a criminal record is part of a family application for permanent residency, their criminal record could affect all other members of the family up to the point of facing deportation.

Will charges that were dropped affect my immigration application?

Yes. If you have ever been charged with a crime and were fingerprinted in Canada, you have a record in the criminal database regardless of court outcomes. In order to remove your record, you must complete the pardon/record suspension process or the file destruction/purge process depending on the outcome of your criminal charges.

I have Work Authorization. Will I lose it if I have a criminal record?

If you received your Minister’s Permit or Work Authorization permit prior to being charged with a criminal offence, your work status could be revoked and you could be deported from Canada.

Can a criminal record cost me my immigration status?

Yes. It is possible to lose your immigration status because of a criminal record. In rare cases, it is even possible to lose citizenship status because of a criminal record.

If I have a criminal record in another county, can I legally visit Canada?

Visiting Canada is illegal if you are a non-citizen with a criminal record unless you obtain special permission from Citizenship and Immigration Canada. If you are not a Canadian citizen and have a Canadian criminal record from a previous visit, it is best to obtain a pardon/record suspension prior to attempting entry.

Can I be deported because of a criminal record?

Yes. Unless you are a Canadian citizen, an unpardoned criminal record can be reason for deportation.

Can a pardon/record suspension help if I am being deported?

If deportation proceedings have started, applying for a pardon/record suspension can show Immigration Canada that you no longer engage in criminal activities and that you do qualify to have your criminal record removed.

If I was previously deported and I have a criminal record, can I return to Canada?

Yes. However, you will need written permission from the Minister of Citizenship and Immigration before you are allowed back in to Canada. It is best if you obtain a pardon/record suspension first so that a family member can sponsor you and make returning to Canada easier.

Young Offender FAQs

What is a youth record?

A youth record is essentially a criminal record for young offenders. It includes information pertaining to any criminal charges, convictions and sentences a person has in their record. The length of time a youth record remains on file is subject to the outcome of your case.

Who is a young offender?

Young offenders are individuals between the ages of 12 and 17 who have committed a criminal offence under federal law. Young offenders are charged, tried and convicted under a special law called the Youth Criminal Justice Act. Though they can still face serious penalties under the special law, young people are not sent to an adult prison and greater emphasis is place on rehabilitating the individual.

What is the Youth Criminal Justice Act?

The Youth Criminal Justice Act replaced the Young Offenders Act in 2003. The new law was created to protect young people’s rights. The YCJA allows young people to have their case heard in a special youth court, does not allow them to be publicly identified, and provides penalties less severe than laws for adult offenders.

Will a charge and conviction as a youth appear on my adult criminal record?

This depends on when you were convicted of youth offences. Convictions under new laws should be removed after requisite waiting periods expire. If you were convicted under a previous law, your youth record will most likely still be on file with federal and local policing authorities.

Do youth records disappear when you turn 18?

No. How long a youth record stays on file is determined by the offences you were convicted of, not your age.

Do I need a pardon/record suspension for young offender conviction?

It depends. If you were convicted as a young offender but have not been convicted of a crime as an adult, your youth record will be sealed after the requisite waiting period has expired. In these cases, you do not need a pardon/record suspension.

If you have been convicted of an offence as an adult and the waiting period to seal your youth record was not yet completed, you will need a pardon/record suspension in order to seal your youth record. Under these circumstances, your youth record also becomes “locked in” as a permanent part of your adult criminal record. If your youth record has become a part of your adult record, you will need to obtain a pardon/record suspension for both records.

Are employers or schools able to see my youth record?

Yes, but only with your permission. Police cannot give employers or schools information about your youth criminal record without your approval. However, many employers and schools request access to your full criminal history as a condition of employment or admittance.

Can I enter the U.S. with a youth record?

No. A youth record is still a criminal record and it is illegal to enter the United States if you have a criminal record. You must obtain a U.S. entry waiver to legally enter the United States if you have ever been convicted of a criminal offence.

Children FAQs

Do I really need a criminal record check prior to volunteering at my child’s school?

Yes. In most cases a criminal records check is mandatory. This is to deny access to people who may pose a threat to school safety.

Can I lose custody of my children because of my criminal record?

Depending on the offences, a criminal record can make it nearly impossible to keep custody of your children. Even minor offences have at least a small negative affect on your custody application.

Can criminal records be used against me in family court?

Yes. A criminal record speaks against your character and fitness as a parent. It is imperative that you start the pardon process as soon as possible. Being eligible for a pardon shows the court that you have changed your life for the better.

Can I adopt a child if I have a criminal record?

Before you can adopt a child, you are required to be fingerprinted by the RCMP and consent to a criminal record search. If you have any criminal offences that have not been pardoned, they will show up during this search and can negatively affect your ability to adopt a child.

Am I allowed to be a foster parent if I have a criminal record?

Foster parents must be screened prior to a child being placed in their care. A criminal record check for everyone in the house over the age of the 18 is required as part of the foster parent screening. If anyone in the house has a criminal record, you will likely be deemed unfit to serve as a foster parent.

Can I work with children if I have a criminal record?

No. If you have a criminal record, you must receive a pardon/record suspension in order to work with children. Even then, certain offences disallow your from working with children.