How to Expunge or Seal a Criminal Record in Canada the Right Way

A criminal record can sometimes create barriers in life, especially when applying for jobs, traveling, or seeking new opportunities. Fortunately, Canada has a legal process that allows individuals to clear their record through expungement or record suspension (formerly known as a pardon). If you are eligible, this process can help you move forward with a fresh start. 

Here’s everything you need to know about how to expunge or seal a criminal record in Canada the right way.

Understanding the Difference Between Expungement and Record Suspension

Expungement means completely erasing a criminal record, as if it never existed. This is only granted in very specific cases where a conviction is found to be unjust, such as past laws that discriminated against certain groups. If an expungement is approved, the record is permanently deleted from the system, and consulting a criminal lawyer can help navigate the legal process to determine eligibility.

What is a Record Suspension?

A record suspension (formerly called a pardon) does not erase a criminal record but removes it from public access. Once granted, a record will not appear in background checks for most purposes, making it easier to secure employment, volunteer, or travel.

Most people looking to clear their record will apply for a record suspension rather than expungement, as suspensions cover a broader range of criminal records.

Who is Eligible for a Record Suspension?

The good news is that many individuals qualify for a record suspension if they meet certain requirements. The Parole Board of Canada (PBC) is responsible for reviewing and approving applications. To be eligible, an individual must:

• Have completed their sentence in full, including probation and payment of any fines.
• Wait the required time period after completing the sentence.
• Have shown good behavior and have not committed new offenses.

Required Waiting Periods

Before applying for a record suspension, there is a waiting period based on the type of offense:

How to Apply for a Record Suspension

Step 1: Obtain Your Criminal Record

The first step is to get a copy of your criminal record from the Royal Canadian Mounted Police (RCMP). This requires fingerprinting, which can be done at an accredited agency or police station. The RCMP will then provide an official copy of your record.

Step 2: Gather Court and Police Records

Next, collect documents from the court where the conviction occurred. These records confirm that the sentence was fully completed. Some provinces also require a police record check from the local police department where you currently live.

Step 3: Fill Out the Record Suspension Application

The Parole Board of Canada provides an official application package that must be completed. This includes personal details, offense history, and proof that all eligibility criteria have been met. The application process requires accuracy, so double-checking all forms is important.

Step 4: Submit the Application and Pay the Fee

Once all documents are ready, submit the completed application to the Parole Board of Canada along with the required fee. The current application fee is $50 as of 2022, making it more affordable than in previous years.

Step 5: Wait for Approval

After submission, the Parole Board reviews the application and may take several months to process. If everything is in order, they will grant a record suspension, meaning the criminal record is removed from standard background checks.

Benefits of a Record Suspension

Many employers conduct background checks before hiring. A record suspension ensures that past convictions do not appear, increasing employment opportunities.

Easier Travel

Although Canada does not automatically share criminal records with other countries, some convictions can cause travel restrictions. A record suspension makes international travel smoother, especially to the U.S.

Restored Peace of Mind

Having a record sealed allows individuals to move forward in life without worrying about past mistakes affecting their future. It provides a fresh start for personal and professional growth.

When Expungement May Be an Option

Expungement is rare and is usually granted for convictions under laws that have since been recognized as unjust. For example, Canada offers expungement for historical LGBTQ+ offenses related to past discriminatory laws.

If someone believes their conviction falls under this category, they can apply directly to the government for an expungement review. If approved, the record is permanently erased.

Seeking Legal Assistance

While it is possible to complete the application process independently, some individuals prefer legal guidance to ensure accuracy and avoid delays. Consulting with a lawyer or a record suspension specialist can be helpful, especially for complex cases.

Final Thoughts

Clearing a criminal record through record suspension or expungement can open doors to new opportunities and a brighter future. Whether it’s for employment, travel, or personal peace of mind, taking the right steps can help individuals move forward with confidence. Understanding the process, meeting the eligibility requirements, and submitting a complete application are key to success. By following these guidelines, anyone looking to seal or remove a criminal record in Canada can do so the right way.