A criminal record can cast a long shadow over your life, creating permanent barriers to employment and international travel. For many Albertans, moving past a prior mistake means seeking a Record Suspension (commonly known as a pardon).
What is a Record Suspension?
Under the Federal Criminal Records Act (CRA), a Record Suspension keeps your criminal record separate and apart from other active criminal records in the Canadian Police Information Centre (CPIC) database. This means that, if your application for a Record Suspension is granted, a standard background check for a job or volunteer position will show that you have no criminal record.
It is important to note that a Record Suspension Canada does not erase or destroy the fact that you were convicted; rather, it sets the record aside. However, for most day-to-day purposes, it provides the clean slate necessary to rebuild your life.
Eligibility: Criminal Code Offence Classifications and Waiting Periods
Your eligibility for a Record Suspension heavily depends on when the conviction was entered as well as how your offence was prosecuted under the Criminal Code of Canada—specifically, whether it was a summary conviction or an indictable offence.
Please note the waiting period only begins after you have completed your entire sentence, which includes paying all fines, serving jail time, and completing your probation.
Convictions before June 29, 2010
If you received a conviction before June 29, 2010,
Summary Convictions (Less Serious): Minor offences, such as theft under $5,000 or assault typically require a 3-year waiting period after the sentence is completely finished.
Indictable Offences (More Serious): Major offences require a 5-year waiting period after the sentence is completely finished.
Convictions between June 29, 2010 and March 12, 2012
If you received a conviction between June 29, 2010 and March 12, 2012,
10-year waiting period for any serious personal injury offence for which the applicant was sentenced to 2 years or more in prison, or an offence covered in Schedule 1 of the Criminal Code that is prosecuted by indictment;
5-year waiting period for any other offence prosecuted by indictment, or an offence covered in Schedule 1 of the Criminal Code that is punishable on summary conviction;
3-year waiting period for any other offence that is punishable on summary conviction.
Convictions on or after March 13, 2012
Summary Convictions (Less Serious): Minor offences, such as theft under $5,000 or assault typically require a 5-year waiting period after the sentence is completely finished.
Indictable Offences (More Serious): Major offences require a 10-year waiting period after the sentence is completely finished.
Certain offences under the Criminal Code, such as sexual offences involving minors may make you completely ineligible to ever receive a Record Suspension. Further, having more than three indictable convictions, each carrying a prison sentence of two years or more, may also make you completely ineligible to ever receive a Record Suspension.
The Application Process in Alberta
Applications for Record Suspensions are handled by the Parole Board of Canada (PBC). The steps to obtain a Record Suspension include:
Acquiring your criminal record from the RCMP via official fingerprinting;
Gathering court documents from the specific Alberta courthouses where your matters were heard;
Obtaining local police record checks from every municipality you have lived in over the past 5 years (e.g., Calgary Police Service, RCMP detachments); and
Paying the Parole Board a processing fee and submitting a highly detailed application demonstrating how a Record Suspension provides a measurable benefit to your life and society.
Why Work With White and Jeet Law?
A single missing document, an incorrectly filled form, or even a forgotten $50 victim surcharge from a decade ago can result in a rejected application, forcing you to start the process over. Securing a Record Suspension Canada requires precision and a deep understanding of both historical and current Criminal Code applications.
At White and Jeet Law, we can handle the complex legal legwork and advocate on your behalf to the Parole Board of Canada. Contact us today to start the process of clearing your name and securing your future.
Disclaimer: The information provided in this blog post is for general educational purposes only and does not constitute legal advice. Record suspension laws are complex and subject to change. Consult with a qualified legal professional regarding your specific eligibility and circumstances.
