In Canada, there are many facets to becoming eligible to apply for a pardon and there are never any guarantees that you will be approved. Pardons are now called record suspensions. The best chance you have for pardon eligibility is to make sure your application is filled out with no errors, it is honest, has all of the necessary information and certified files you need, and learning the words you should use in the form for what the Parole Board of Canada is looking for.
Things to ask yourself before applying for a pardon:
- Has enough time gone by to qualify?
- How can you prove you’re an “upstanding citizen”?
- Is your conviction pardonable?
- How much time do you have to navigate the process?
The Government of Canada states directly:
You can apply for a Record Suspension if you:
- were convicted of an offence in Canada under a federal act or regulation of Canada as an adult;
- were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.
To apply for a record suspension, you must have completed all of your sentences, which includes:
- all fines, surcharges*, costs, restitution and compensation orders;
- all sentences of imprisonment, conditional sentences, including parole and statutory release;
- any probation order(s).
Note: If you have a prohibition order, it does not need to be expired before the waiting period begins.
*Victim surcharges imposed under section 737 of the Criminal Code on or after October 24, 2013 and on or before December 13, 2018 will not be considered in determining eligibility for a record suspension.
You are not eligible for a record suspension if you have been convicted of:
- a Schedule 1 Offence (offence involving a child) under the Criminal Records Act
- more than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more.
Length of time required to be eligible for a pardon (record suspension)
If you have something on your record, you need time before the offence can be pardoned – typically five years for summary convictions and ten years for serious indictable offences. Find Out More About Pardons. This is called the waiting period – also important to note that this waiting period begins after all aspects of the sentence are completed (ex. Sentenced on June 1, 2020 to suspended sentence and two years probation. The waiting period begins after the completion of the two year probation period has ended.)
After completing all of your sentences, you must have completed a waiting period:
- 5 years for a summary offence (or a service offence under the National Defence Act).
- 10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).
To determine eligibility, you will need to know:
Were you convicted of your offence(s) in Canada, under a Canadian federal act or regulation (e.g. the Criminal Code)?
Did you receive an absolute or conditional discharge for your offence(s)?
Were you convicted as a young offender for your offence(s)?
Have you ever been convicted of a Schedule 1 offence?
Have you been convicted of more than three (4 or more) offences that were prosecuted by indictment, each with a prison sentence of two (2) years or more?
Have you been convicted under the Criminal Records Act, Schedule I Offence (sexual offence involving a child)?
Have you completed all of your sentences?
This includes:
- all fines, surcharges, costs, restitution and compensation orders;
- all sentences of imprisonment, or conditional sentence order;
- any probation order(s)
- Have you completed the required waiting period, which starts after you have completed all of your sentences?
- The waiting period is 5 years for a summary offence and 10 years for an indictable offence.