Pardons and Record Suspensions

What are Pardons and Record Suspensions?

In Ontario, a pardon and a record suspension are legal mechanisms that can help individuals with criminal records move towards a fresh start.

Pardon

A pardon, also known as a “record suspension” in Canada, is an official order granted by the Parole Board of Canada (PBC) that sets aside a person’s criminal record. Once a pardon is granted, the individual’s criminal conviction(s) will no longer be visible on their record, providing them with the opportunity to reintegrate into society without the burden of their past mistakes.

Record Suspension

A record suspension essentially means that an individual’s criminal record is temporarily removed from the Canadian Police Information Centre (CPIC) database, making it inaccessible for most employment and background checks. However, it is important to note that a record suspension does not erase the criminal record entirely. Instead, it demonstrates that the individual has taken steps towards rehabilitation and should be given a fair chance to rebuild their life.

Purpose

• Reintegration into Society

  The primary purpose of pardons and record suspensions is to facilitate the reintegration of individuals with a criminal record back into society. By granting a pardon or record suspension, the legal system recognizes that people have changed and deserves a chance to rebuild their lives without the ongoing stigma of past convictions. It provides an opportunity for individuals to find employment, pursue education, secure housing, and contribute positively to their communities.

• Employment Opportunities

  A criminal record can pose significant barriers when it comes to finding employment. Many employers conduct background checks and may be hesitant to hire individuals with a criminal history. By obtaining a pardon or record suspension, individuals have a better chance of securing meaningful employment and advancement in their careers. It helps remove the stigma associated with a criminal record and allows individuals to present themselves on an equal footing during the hiring process.

• Travel and Immigration

  A criminal record can also have implications for international travel and immigration. Certain countries may deny entry or require individuals to go through an additional screening process based on their criminal history. However, with a granted pardon or record suspension, individuals may experience fewer restrictions and obstacles when traveling abroad or pursuing immigration opportunities.

• Restored Rights and Privileges

  Pardons and record suspensions restore certain rights and privileges that may have been restricted due to a criminal record. These rights can include the ability to serve on juries, obtain professional licenses, hold public office, and participate in various government programs or initiatives. By regaining these rights, individuals can fully engage in civic life and enjoy the same opportunities as those without a criminal record.

It’s important to note that while a pardon or record suspension removes the negative implications associated with a criminal record, it does not erase the conviction(s) from official records. However, it significantly reduces the impact of your past convictions on your present and future opportunities.

Eligibility Criteria

To be eligible for a pardon or record suspension in Ontario, certain criteria must be met. The eligibility requirements aim to ensure that individuals who have demonstrated rehabilitation and a commitment to law-abiding behaviour are granted the opportunity to move forward with a clean slate. Here are the general eligibility criteria for obtaining a pardon or record suspension:

• Completed Sentence

  You must have completed your sentence, including any probation or parole period, associated with the conviction(s) for which you are seeking a pardon or record suspension. This means fulfilling all court-imposed penalties, such as fines, community service, restitution, or imprisonment.

• Waiting Period

  There is typically a waiting period before you can apply for a pardon or record suspension. The length of the waiting period depends on the nature of the offence (s) committed:

  • Summary Offences:

    You must wait at least 5 years from the completion of your sentence.

  • Indictable Offences:

    You must wait at least 10 years from the completion of your sentence.

  It’s important to note that the waiting period may be subject to change based on government legislation.

• Good Conduct

  Throughout the waiting period and leading up to your application, you must demonstrate good conduct and a commitment to a law-abiding lifestyle. This includes avoiding any new criminal charges or convictions.

• No Outstanding Charges or Warrants

  You must not have any outstanding criminal charges or warrants for your arrest at the time of applying for a pardon or record suspension.

• Applicable Convictions

  Pardons and record suspensions apply to convictions under Canadian federal law, such as the Criminal Code of Canada. They do not apply to certain offences, such as sexual offences involving children or convictions for which you have received a life sentence.