Difference between revisions of "Criminal Records & Record Suspensions"

Information about a person found guilty of a crime is kept in their '''criminal record'''. Learn about criminal records, including how to apply for a '''record suspension''' (formerly a pardon).  

==Understand your legal rights==

You’ll have a criminal record only if, at age 18 or older, you’ve been accused of a crime and your fingerprints were taken. A crime is breaking a law of Canada such as the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or the [http://canlii.ca/t/7vtc law on illegal drugs].

Breaking a provincial law doesn’t lead to a criminal record. For example, you won’t have a criminal record because you were found guilty of an offence under [http://canlii.ca/t/847n BC’s highway safety law] or a local bylaw.  

If you’ve been charged with a crime, you can avoid a criminal record by having your case dealt with through “'''alternative measures'''” (also called '''diversion'''). You might be eligible for diversion if the charge against you is minor, you have no criminal history, you accept responsibility for the crime, and you feel sorry about what you’ve done.

A judge may find you guilty of a crime but '''discharge''' you instead of convicting you. An “absolute discharge” means your criminal record won’t show a conviction. A “conditional discharge” means your record won’t show a conviction if you meet conditions the judge sets.  

In either case, a record of the discharge is kept on your criminal record for a period of time.  

After the one- or three-year period, the RCMP must delete any record of your discharge from their records. Under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-47/latest/rsc-1985-c-c-47.html#sec6.1_smooth law in Canada], no record of your discharge can be disclosed to anyone except in specific circumstances, such as if your fingerprints were found at the scene of a crime.

For discharges before 1992, you must make a written request to remove the discharge. Visit [http://www.rcmp-grc.gc.ca/en/managing-criminal-records rcmp-grc.gc.ca] for a form to request a discharge be purged from RCMP records.  

But after some time, you can usually ask for a '''suspension of your record''' (previously called a “pardon”) to have your criminal record set apart from other criminal records by the RCMP. The information in your record is not accessible except in rare situations.

To get a record suspension, you must ask the [https://www.canada.ca/en/parole-board.html Parole Board of Canada]. We explain how shortly.

Suspension of your criminal record doesn’t erase the fact you were found guilty of a crime. If anyone asks whether you’ve been found guilty or convicted of a crime or a similar question, you must answer yes. But you can say your criminal record was suspended to show good behaviour and respect for the law.  

If you get a record suspension, your criminal record will be kept separate from other criminal records by the RCMP. No one regulated by federal law can give out information about your criminal record or record suspension. But others who are not regulated by federal law — like local police or private citizens — can still give out this information. A record suspension does not cancel your conviction.  

Importantly, a criminal record suspension '''doesn’t guarantee you can travel to other countries'''. For example, a criminal record suspension in Canada is not recognized in the United States and doesn’t erase information in American databases. So entry to the US is not guaranteed.  

You '''must wait five or 10 years''' after completing your sentence (punishment) before asking for a suspension of your criminal record. The waiting period depends on how serious the crime was.  

*paid all fines, costs, and orders for restitution or compensation,  

*served any jail time, and

*satisfied any probation order.

To get a record suspension, you must ask the [https://www.canada.ca/en/parole-board.html Parole Board of Canada]. Visit [https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html canada.ca/record-suspensions] for the application form and a step-by-step guide. You can also call the Parole Board for information at 1-800-874-2652.

There is an application fee of $631. You must also pay to have your fingerprints taken, get a copy of your criminal record, and get other documents from the court and local police.  

To suspend your criminal record, the Parole Board must be satisfied you were of “'''good conduct'''”. They will be looking for behaviour that demonstrates a law-abiding lifestyle.

*The person was convicted of a new crime.  

*The person is “no longer of good conduct”.

*The person lied or hid information when applying for the record suspension.