A criminal record can continue to affect employment, volunteer opportunities, professional licensing, education, travel, and other parts of life long after a sentence has been completed.
For eligible individuals, a record suspension may reduce some of those barriers. It is important, however, to understand what a record suspension does and what it does not do.
A Record Suspension Sets the Record Apart
Record suspensions are governed by the federal Criminal Records Act and are administered by the Parole Board of Canada.
When a record suspension is ordered, the federal record of the conviction is kept separate from other criminal records. The conviction is also removed from the Canadian Police Information Centre database, commonly known as CPIC. As a result, a standard CPIC search will generally not show the criminal record or the existence of the record suspension.
This can make a meaningful difference when applying for certain jobs, educational programs, housing, or volunteer positions.
It Does Not Erase the Conviction
A record suspension does not declare that the person was innocent, overturn the conviction, or erase the fact that the conviction occurred. It restricts access to the record and recognizes that the conviction should no longer reflect adversely on the person’s character.
This distinction is important. A record suspension is different from an acquittal, an appeal that overturns a conviction, or an expungement.
Federal agencies must keep a suspended record separate, but provincial, territorial, municipal, police, and court records may require additional steps. Many agencies restrict access once notified of the suspension, although individuals may need to contact the appropriate court or police service directly.
Eligibility Depends on More Than Time
A person cannot necessarily apply as soon as a sentence ends. The applicant must first complete the entire sentence, which may include imprisonment, probation, fines, restitution, and other court-ordered obligations. The applicable waiting period must then pass.
Eligibility rules can depend on the offence, the date it occurred, how it was prosecuted, and the legislation in effect at that time. Some offences may make a person ineligible unless a statutory exception applies. The Parole Board may also consider whether the applicant has been of good conduct.
Travel Is a Separate Issue
A Canadian record suspension does not require another country to ignore information it already possesses. Foreign border authorities apply their own laws and may retain information obtained before a suspension was granted.
For that reason, a record suspension should not be treated as a guarantee of entry into the United States or any other country.
A Record Suspension Can Be Revoked
A record suspension is not necessarily permanent in every circumstance. It may be revoked or cease to have effect following certain new convictions, if the Parole Board determines that the person is no longer of good conduct, or if false or misleading information was provided in the application. If that happens, the record may be returned to CPIC.
Getting Help with the Application
Applicants are permitted to apply directly to the Parole Board and are not required to hire a lawyer or third-party company. However, the process involves obtaining criminal records, court information, local police checks, and other documentation.
A record suspension lawyer in Whitehorse can help assess eligibility, identify potential complications, and ensure the application is organized accurately before it is submitted.
Important Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Record-suspension eligibility, waiting periods, required documents, and potential outcomes depend on the individual’s convictions, sentences, conduct, and applicable law.
Reading this article, visiting this website, contacting Jensen Law, or submitting information through the website does not by itself create a solicitor-client relationship. A solicitor-client relationship is only established after Jensen Law has agreed to act in a particular matter.
You should not act, or refrain from acting, based solely on this article without obtaining legal advice from a qualified lawyer who has reviewed your circumstances. Jensen Law does not guarantee that this information is complete, current, or applicable to every situation and accepts no responsibility for losses or consequences arising from reliance on this content.