Who Is Eligible for a Record Suspension in 2025?

Kimia Moshiri
Jul 28
6 min read

A criminal record can create significant barriers to employment, travel, volunteering, and immigration. In Canada, eligible individuals may apply for a record suspension, formerly known as a pardon, through the Parole Board of Canada (PBC). This legal remedy, governed by the Criminal Records Act, allows certain individuals to have their criminal record set aside under specific conditions.

As of 2025, the eligibility requirements, procedures, and timelines remain rooted in legislation, but continue to evolve in practice. Below is a comprehensive legal overview for those considering a record suspension this year.

What Is a Record Suspension?

A record suspension is an official recognition by the federal government that an individual has served their sentence and demonstrated law-abiding behaviour. If granted, the individual's criminal record is segregated from the Canadian Police Information Centre (CPIC) database and will not appear in most criminal background checks conducted by employers or other institutions.

Note: A record suspension does not erase the conviction; it sets it aside and limits public access.

Who Is Eligible in 2025?

The Parole Board of Canada (PBC) sets out specific criteria to determine when an individual is eligible to apply for a record suspension. But eligibility does not guarantee approval. The following criteria apply:

1. Completion of Sentence

You must have completed all parts of your sentence, including:

Custodial sentence (jail or prison)
Parole or statutory release
Probation
Payment of fines, restitution, or victim surcharges

The eligibility clock only starts ticking after the last of these elements is satisfied.

2. Waiting Period

Under the Criminal Records Act, waiting periods vary depending on the type of offence:

Type of Offence	Waiting Period
Summary Conviction	5 years
Indictable Conviction	10 years

Hybrid offences (offences that can be prosecuted either summarily or by indictment) are treated by the Parole Board as indictable by default unless the applicant provides proof of a summary conviction. This typically requires a court record confirming the mode of prosecution.

This is where many self-represented applicants encounter difficulties. The RCMP record does not indicate whether the Crown chose to proceed summarily or by indictment. Only a full certified court transcript or a final disposition record will clarify the trial mode. We frequently come across cases where clients assumed they had a "summary" conviction and applied prematurely. The Parole Board rejected their application, leading not only to delays but also to the risk of findings of misrepresentation if incorrect declarations were made.

3. Disqualifying Conditions

Convictions for Schedule 1 offences, primarily sexual offences involving minors, are ineligible for record suspension unless the applicant can satisfy all three legal exception criteria:

The applicant was not in a position of authority or trust
The offence did not involve coercion, violence, or intimidation
The age difference between the applicant and the victim was less than five years

These requirements are conjunctive and not optional. The applicant must fulfill all three. The analysis goes beyond the criminal code section, necessitating an examination of the statement of facts, the sentencing judge's remarks (if accessible), and occasionally, evidence from third parties.

4. Demonstration of Rehabilitation

One of the most misunderstood parts of the application is the requirement to demonstrate that a record suspension would provide a measurable benefit and that the applicant has been rehabilitated.

This is not a formality. The PBC applies Section 4.1 of the Criminal Records Act to assess whether granting the suspension serves the public interest. The Board may consider:

Length of time since the offence
Evidence of stability (employment, education, treatment programs)
Community involvement
Absence of new charges or negative police contact

Although paystubs and police checks can verify some aspects, the applicant must also provide a convincing, truthful, and coherent narrative. The PBC is wary of formulaic responses and frequently dismisses generic statements.

5. Local Police Checks: The Quiet Gatekeeper

Police checks are required for every jurisdiction the applicant has lived in over the last 5 years. Many applicants are unaware that these local police departments often maintain their own internal intelligence records that might not appear on the RCMP certificate, but which the PBC can and does take into account.

For example:

A dismissed charge
A past peace bond
A warning from police that did not result in formal charges

These records may lead to delays, requests for clarification, or outright refusal.

Application Process

The process of applying for a record suspension involves collecting and submitting a number of documents to the PBC. These include:

RCMP Criminal Record Check via digital fingerprints
Court Information Forms for each conviction (must show sentence, payment of fines, and method of trial)
Police Checks from each jurisdiction where the applicant lived in the past 5 years
Proof of Identity (e.g. government-issued ID)
Measurable Benefit and Rehabilitation Statement
Record Suspension Application Form
Schedule 1 Exception Form (if applicable)
$50 Application Fee payable to the Receiver General

All documents must be accurate, up to date, and submitted in the prescribed formats. The PBC will return incomplete applications without processing them.

What If You’re Refused?

Applicants often believe that a refusal is the end of the road. In reality, a refusal, especially one based on “insufficient evidence of rehabilitation”, can be challenged through a formal written response, provided it’s filed within the allowed time.

In some cases, the refusal is based on procedural errors (missing documents, unsigned forms, or conflicting dates). These issues can often be addressed without waiting another year to reapply.

Processing Time (2025 Standards)

Once the Parole Board deems an application complete and eligible, the following timelines apply:

Application Type	Average Processing Time
Summary Conviction	6 months
Indictable Conviction	12 months
Proposed Refusal Cases	Up to 24 months

Important: The above timelines do not include the time it takes to gather the required documents, which can take several additional months.

Practical Advice: If you're applying on your own, plan for a total timeline of 12–24 months. Missing even one detail may restart the process entirely.

Legal Risks and Strategic Considerations

Refusal Proposals: If the PBC intends to deny your application, you will be notified in writing and given 90 days to respond. Legal representation is strongly advised at this stage to present a proper rebuttal.
Multiple Convictions: Applications with convictions across multiple jurisdictions require separate court and police records from each region—adding to complexity.
Incorrect or Incomplete Records: Inaccurate court records or missing information about the mode of trial may lead to your application being assessed under harsher criteria.

Applicants are advised to consult with professionals familiar with the nuances of the Parole Board’s expectations and the Criminal Records Act.

Common Misconceptions

“I was discharged, so I don’t need a record suspension.”➤ False. While absolute and conditional discharges are removed automatically after one or three years, you must still apply for a suspension for any conviction.
“A record suspension clears my record for U.S. travel.”➤ False. A record suspension does not affect U.S. border access. You may require a U.S. waiver instead.
“I can apply right after finishing my sentence.”➤ False. You must wait 5 or 10 years from the end of all sentencing components, including fines or probation.

Why Legal Representation Can Make a Difference

Although a record suspension is technically an administrative process, its consequences are far from trivial. A successful application can open doors to employment, immigration, and dignity, while an incomplete or poorly presented file can result in delays, refusals, or a lasting criminal record that continues to hold you back.

There is no legal obligation to retain a representative when applying for a record suspension. However, the intersection of criminal records, statutory interpretation, and discretionary decision-making by the Parole Board of Canada means this process often involves more nuance than applicants anticipate.

If your case involves:

Multiple convictions across different provinces or court jurisdictions
Ambiguous or unavailable court documentation
Schedule 1 offences with potential exceptions
Youth-related convictions or historical charges with unclear procedural details
Prior police contact not resulting in charges
...it may be prudent to consult someone who not only understands the Criminal Records Act but has successfully navigated these complexities before.

Our Office Can Assist With:

Assessing eligibility and addressing disqualifying factors
Obtaining and reviewing court and police records from multiple jurisdictions
Drafting legally sound rehabilitation and measurable benefit narratives
Responding to refusal proposals issued by the Parole Board
Ensuring full compliance with documentation and statutory requirements

With experience in complex and sensitive applications—including Schedule 1 exceptions, multi-jurisdictional convictions, and refusal challenges—we work to ensure your application is complete, persuasive, and positioned for success under current PBC standards.

You deserve a second chance. Let’s make sure it’s done right.