Canada Pardon (Record Suspension)

A Canadian Record Suspension - formerly a Canadian pardon - allows most people with a criminal conviction – regardless of their immigration status – to have their criminal record taken out of the Canadian Police Information Centre (CPIC). Criminal convictions and immigration violations in Canada can affect your personal freedom, your job prospects as well as exclude you from trusted traveler programs like NEXUS, the Global Entry Program and FAST pass. A record suspension (pardon) in Canada means that past criminal records don’t appear on Canadian public record checks. Record suspensions can also be used as evidence of rehabilitation when applying for US entry waivers.

You can apply for a record suspension (pardon) in Canada by downloading the application form. If you are unsure if you need a Canadian record suspension, you fill out our questionnaire. If you have a criminal record, or if you have committed immigration violations in the United States, you may also need a US waiver.
 

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Quick Index
 

About Canadian Record Suspensions (Canadian Pardons)

You may need a Canadian record suspension (formerly a Canadian pardon) if you have a criminal record in Canada, or if you are a Canadian citizen with a criminal record overseas and have been transferred to Canada under the International Transfer of Offenders Act. A criminal record can inhibit your personal freedom in many ways. It can affect your job prospects, especially with federal agencies and the Canadian Forces, or in professional vocations whose associations require proof of “good character”. It can not only make you ineligible for trusted traveller programs such as NEXUS and FAST pass but it can also keep you from travelling to the United States – and certain other countries – whether it is to vacation, shop or if you are visiting for business purposes. Getting denied entry can be difficult and embarrassing. It can also affect your family and friends: if you are inadmissible to the United States because of your criminal record and you do attempt to cross the border, you are committing a serious offence, which can result in the confiscation of your vehicle, criminal charges and even jail sentences for you and anyone who is travelling with you, as they can face stiff penalties for aiding and abetting a criminal. This can lead to them becoming inadmissible too. If you have a criminal record in Canada and intend to cross the border, you will need a US entry waiver in addition to your Canadian record suspension.


Our Service

If you have a criminal record a Canadian Record Suspension (Canadian Pardon) will give you back your personal freedom. Immigroup Inc. processes all of the essential documents necessary for you to obtain your record suspension in Canada. We carefully check your application and ensure that it is correctly filed with the right supporting documents. If you are unsure as to whether you need to apply for a Canada record suspension, fill out our free pre-assessment questionnaire. We guarantee 100% money back if your application is denied. 


Canadian Record Suspension (Canadian Pardon) Fees

Immigroup service fee: Our fees are based on retainer. For more information, see our terms and conditions
Government fee: $50 USD

Finger print fee: $25.00

RCMP fee: $25.00

Cancellation fee: $42.50 CDN (minimum)


Canadian Record Suspension FAQ’s


Who can grant or issue a pardon in Canada?

Only the Parole Board of Canada has the authority to issue, grant, deny, or revoke them. They are governed by the Criminal Records Act (CRA).

When can I apply for a Canadian pardon?

You must have completely served your sentence and a waiting period of either three years for summary convictions or five years for indictable convictions (criminal offences). For example, if you only received a fine, the waiting period begins the date you paid that fine in full. For any court-imposed surcharge, restitution or compensation orders, term of imprisonment or probation, the waiting period is calculated from the date you completed the entire sentence, including any part of the sentence you may have served in the community.

What is the difference between a summary offence and an indictable offence?

A summary offence is a relatively minor crime whereas an indictable offence is a more serious crime. A summary conviction results in up to six months in jail, up to a $5000, or a combination of the two. An indictable offence is punished by substantially longer jail terms and/or heavier fines and other punishments. The difference between summary offences and indictable offences is not always clear: Crown option or dual procedure offences are offences for which the prosecution can seek either an indictment or a summary conviction, though they all begin as indictable offences. This is important for pardon applications because the nature of your offence determines your eligibility for a pardon in Canada.

What is the process for summary offences?

The Board will issue a pardon after it has confirmed that you have completed your 3 years waiting period after having completed your sentence of your conviction(s), and determined through the Royal Canadian Mounted Police (RCMP) that you have not been convicted of any other offences since your last conviction.

Note: summary sexual offences are treated by the Parole Board as indictable offences.

What is the process for indictable offences?

The Board will confirm that you have completed your 5-10 year waiting period, verify through the RCMP that you have had no further convictions and exhibited “good conduct” since your conviction. In order to determine “good conduct,” the Board will investigate your behaviour since your last conviction. The Board will then evaluate your application based on your good conduct (or lack thereof). Good conduct means more than you have no further convictions as there must be no suspicion or allegations of criminal behaviour.

I have been convicted of an indictable offence in Canada. How do I know whether I have to wait 5 or 10 years to apply for my pardon?

If you have been convicted of any indictable offence which is not deemed a “serious personal injury offence” (or a summary sexual offence), the wait is five years. The wait is ten years for “personal injury” offences including all indictable sexual offences.

What is a personal injury offence?

According to the Criminal Code of Canada, a “serious personal injury offence" is classified as

1. an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving


 

2. 1. the use or attempted use of violence against another person, or
   2. conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person,


and for which the offender may be sentenced to imprisonment for ten years or more, or
 

3. an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).

What do I need to get a pardon?

If you have waited the time required by your type of conviction(s), you need the following to apply for a pardon in Canada

• a completed pardon application including police record checks and court information forms




• your criminal record




• proof of conviction(s)




• a copy of your proof of citizenship (birth certificate, citizenship card) or immigration status (permanent resident card)




• a copy of your photo ID (driver’s license, passport, provincial photo ID)




• the $150 application fee

If you are a current or former member of the Canadian Forces you also need to provide a certified military conduct sheet. You should also provide any other information which you think will help your application for a pardon.

Note: legislation is under consideration to triple pardon fees in Canada.

What is the effect of a pardon in Canada?

If granted or issued, the effect is that your criminal record will be kept separate and apart from other criminal records and any information pertaining to your convictions and will be taken out of the Canadian Police Information Centre (CPIC). It is important to realize that a pardon is only kept separate and apart from other criminal records in Canada. If foreign authorities have information about your criminal record in their system, they will not remove it. For example, if the United States Immigration and Naturalization Service have entered information about your record into their computer, it continues to remain available.

Does a Canadian pardon erase a conviction?

It does not erase a conviction. It does not entitle a person to say that they do not have a criminal record. You are still obligated to disclose your pardoned record.

Who can divulge a pardoned criminal record?

Under the Criminal Records Act (CRA), only the Solicitor General of Canada has the authority to disclose information from a pardoned record. He would only do so in very exceptional circumstances, if (s)he is satisfied that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

When asked if I have a criminal record after obtaining a Canadian pardon, what should I say?

You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: "Yes, I have been convicted of a criminal offence for which I have been pardoned."

Is a Canadian pardon recognized outside Canada?

No. Many foreign countries, including the United States (U.S.), do not recognize a Canadian pardon. If you have a criminal record and are interested in going to the US, you may have to apply for “advance permission to enter as a non-immigrant” (usually referred to as an entry waiver). This procedure may entail the disclosure of your pardoned criminal record as evidence of your rehabilitation for review by U.S. Immigration and Naturalization officials (Note: a pardon is not sufficient evidence). An American waiver package can be obtained at the U.S. Embassy in Ottawa or at any U.S. consulate, port of entry, or pre-clearance center (at international airports throughout Canada). Please see our US entry waiver FAQ.

How long does it take to obtain a pardon in Canada?

Processing is something that is taken very seriously. It may take 12 - 18 months to obtain your pardon depending on the type of offence and the documentation that is required. The processing time will vary in each case. Some have taken longer than 18 months to process. There are numerous elements to consider in processing an application, especially if it is for an indictable offence. This will require a review and decision by a Parole Board member and may involve a lengthy investigation and a number of reports. These reports will have to carefully be reviewed and examined before a decision can be made. Summary conviction cases however, especially for minor offences committed many years ago may not require as extensive investigation and could be processed much more quickly.

Can a Canadian pardon be revoked?

Yes, a pardon can be revoked if:

• You are later convicted of a summary offence under a federal act or regulation of Canada.
• The NPB finds that you are no longer ‘‘of good conduct’
• The NPB learns that a false or deceptive statement was made or relevant information was concealed at the time of the application.

I have a criminal record. Can I travel to the US without a pardon?

Most likely no, though it does depend on what kind of criminal record you have and on whether the US Customs and Border Protection (CBP) view you as a security risk. Though a Canadian pardon is not officially recognized by the United States, it is viewed as a major piece of evidence regarding your reformation of character/rehabilitation when you apply for a US entry waiver. Without a pardon, you will have to demonstrate this in some other way.

You may not require a pardon to get the entry waiver if you have been convicted of only one crime, and that crime was not a “crime of moral turpitude” (please see our US entry waiver FAQs), or you have been convicted of two or more crimes (which are not “crimes of moral turpitude”) but you were sentenced to less than a total of five years. It is important to note that admittance to the US is at the discretion of the CBP and they can deny entry for any reason, even if you fit these criteria. Before attempting to enter the US, contact your nearest US diplomatic mission to ensure you can enter the United States.

Are the rules different if I was in the Canadian Forces?

If you are or were a member of the Canadian Forces, you are required to submit your military conduct sheet and all correspondence required to obtain it as part of your pardon application.

How do I get my military conduct sheet in order to apply for a pardon?

In order to obtain a military conduct sheet for the purposes of applying for a pardon, it depends whether you are a current or former member of the Canadian Forces.

Current members of the CF should have their conduct sheet signed, dated and certified by your Commanding Officer (CO). You have six months to submit the pardon application because after that your certified conduct sheet expires.

Former members of the CF must apply in writing but it depends when you served and whether you served in the reserves. In the letter, all former members must provide their name, date of birth, military identification number or service number, enlistment and discharge dates, and signature and must indicate that the conduct sheet is required for a pardon application.

For former regular members of the Canadian Forces:

• if you left the CF less than five (5) years ago, you must apply in writing to the Director Military Careers Administration and Resource Management (DMCARM/DMCA) at 101 Colonel By Drive, Ottawa, ON K1A0K2





• if you left the CF more than five years ago, you must apply in writing to the Personnel Records Unit of the National Archives of Canada at 395 Wellington Street, Ottawa, ON K1A0N3

For former reserve members of the Canadian Forces

• if you left the reserves less than three (3) years ago, you must apply in writing to the CO of your last unit or posting
   
• if you left the reserves more than three years ago, you must apply in writing to the Personnel Records Unite of the National Archives of Canada at 395 Wellington Street, Ottawa, ON K1A0N3

All correspondence from applying for your conduct sheet must be included in the application for your pardon.

Where can I travel without a pardon?

Unfortunately, there is no formula. Some countries allow people with criminal records to enter for tourist purposes but other countries do not (and some countries allow in only those with certain types of convictions). Canadian pardons are not recognized internationally and can only be used as a means of demonstrating reformation of character or rehabilitation as part of a visa application to the country you are travelling to (if such information is required). The best thing to do is to contact that country’s nearest embassy or consulate to see what restrictions they have regarding travel visas for those with criminal records.

Note: Though you may be able to enter a given country without informing authorities of your criminal record, this does not automatically mean you are allowed to enter that country. Customs and border staffs are very busy and do not have time to check every single person for a record. Illegal entry is a serious offence in most countries and can easily turn into another indictment or a travel ban for that particular country, for you or even for those who travel with you. If you have a criminal record, always check with the country you are traveling to before you travel.

What is the International Transfer of Offenders Act?

The International Transfer of Offenders Act allows Canadians convicted of offences overseas to serve their sentences in Canada, providing certain conditions are met. Offenders must still serve their sentence handed down in the country of conviction, and cannot appeal the sentence through the Canadian appeals process. Transferred offenders are eligible for parole under the Canadian Criminal Code.

Conditions: Canadians must have been convicted of acts which are criminalized in Canada as well as the country of conviction; otherwise they are not eligible for transfer. The exception to this rule is anyone classified as a “young offender,” who can be transferred to Canada through this act and subsequently released.

I was transferred to Canada under the International Transfer of Offenders Act. When I am eligible to apply for a pardon?

All overseas offences which also constitute crimes in Canada are treated as indictable offences once you have been transferred back to Canada under the Act. Therefore the 3 year wait period doesn’t apply to anyone transferred back to Canada, so you either have to wait 5 years for most offences or 10 years for “serious personal injury” offences or sexual offences.

 

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About Canadian Record Suspensions (Canadian Pardons)

You may need a Canadian record suspension (formerly a Canadian pardon) if you have a criminal record in Canada, or if you are a Canadian citizen with a criminal record overseas and have been transferred to Canada under the International Transfer of Offenders Act. A criminal record can inhibit your personal freedom in many ways. It can affect your job prospects, especially with federal agencies and the Canadian Forces, or in professional vocations whose associations require proof of “good character”. It can not only make you ineligible for trusted traveller programs such as NEXUS and FAST pass but it can also keep you from travelling to the United States – and certain other countries – whether it is to vacation, shop or if you are visiting for business purposes. Getting denied entry can be difficult and embarrassing. It can also affect your family and friends: if you are inadmissible to the United States because of your criminal record and you do attempt to cross the border, you are committing a serious offence, which can result in the confiscation of your vehicle, criminal charges and even jail sentences for you and anyone who is travelling with you, as they can face stiff penalties for aiding and abetting a criminal. This can lead to them becoming inadmissible too. If you have a criminal record in Canada and intend to cross the border, you will need a US entry waiver in addition to your Canadian record suspension.


Our Service

If you have a criminal record a Canadian Record Suspension (Canadian Pardon) will give you back your personal freedom. Immigroup Inc. processes all of the essential documents necessary for you to obtain your record suspension in Canada. We carefully check your application and ensure that it is correctly filed with the right supporting documents. If you are unsure as to whether you need to apply for a Canada record suspension, fill out our free pre-assessment questionnaire. We guarantee 100% money back if your application is denied. 


Canadian Record Suspension (Canadian Pardon) Fees

Immigroup service fee: Our fees are based on retainer. For more information, see our terms and conditions
Government fee: $50 USD

Finger print fee: $25.00

RCMP fee: $25.00

Cancellation fee: $42.50 CDN (minimum)


Canadian Record Suspension FAQ’s


Who can grant or issue a pardon in Canada?

Only the Parole Board of Canada has the authority to issue, grant, deny, or revoke them. They are governed by the Criminal Records Act (CRA).

When can I apply for a Canadian pardon?

You must have completely served your sentence and a waiting period of either three years for summary convictions or five years for indictable convictions (criminal offences). For example, if you only received a fine, the waiting period begins the date you paid that fine in full. For any court-imposed surcharge, restitution or compensation orders, term of imprisonment or probation, the waiting period is calculated from the date you completed the entire sentence, including any part of the sentence you may have served in the community.

What is the difference between a summary offence and an indictable offence?

A summary offence is a relatively minor crime whereas an indictable offence is a more serious crime. A summary conviction results in up to six months in jail, up to a $5000, or a combination of the two. An indictable offence is punished by substantially longer jail terms and/or heavier fines and other punishments. The difference between summary offences and indictable offences is not always clear: Crown option or dual procedure offences are offences for which the prosecution can seek either an indictment or a summary conviction, though they all begin as indictable offences. This is important for pardon applications because the nature of your offence determines your eligibility for a pardon in Canada.

What is the process for summary offences?

The Board will issue a pardon after it has confirmed that you have completed your 3 years waiting period after having completed your sentence of your conviction(s), and determined through the Royal Canadian Mounted Police (RCMP) that you have not been convicted of any other offences since your last conviction.

Note: summary sexual offences are treated by the Parole Board as indictable offences.

What is the process for indictable offences?

The Board will confirm that you have completed your 5-10 year waiting period, verify through the RCMP that you have had no further convictions and exhibited “good conduct” since your conviction. In order to determine “good conduct,” the Board will investigate your behaviour since your last conviction. The Board will then evaluate your application based on your good conduct (or lack thereof). Good conduct means more than you have no further convictions as there must be no suspicion or allegations of criminal behaviour.

I have been convicted of an indictable offence in Canada. How do I know whether I have to wait 5 or 10 years to apply for my pardon?

If you have been convicted of any indictable offence which is not deemed a “serious personal injury offence” (or a summary sexual offence), the wait is five years. The wait is ten years for “personal injury” offences including all indictable sexual offences.

What is a personal injury offence?

According to the Criminal Code of Canada, a “serious personal injury offence" is classified as

1. an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving


 

2. 1. the use or attempted use of violence against another person, or
   2. conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person,


and for which the offender may be sentenced to imprisonment for ten years or more, or
 

3. an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).

What do I need to get a pardon?

If you have waited the time required by your type of conviction(s), you need the following to apply for a pardon in Canada

• a completed pardon application including police record checks and court information forms




• your criminal record




• proof of conviction(s)




• a copy of your proof of citizenship (birth certificate, citizenship card) or immigration status (permanent resident card)




• a copy of your photo ID (driver’s license, passport, provincial photo ID)




• the $150 application fee

If you are a current or former member of the Canadian Forces you also need to provide a certified military conduct sheet. You should also provide any other information which you think will help your application for a pardon.

Note: legislation is under consideration to triple pardon fees in Canada.

What is the effect of a pardon in Canada?

If granted or issued, the effect is that your criminal record will be kept separate and apart from other criminal records and any information pertaining to your convictions and will be taken out of the Canadian Police Information Centre (CPIC). It is important to realize that a pardon is only kept separate and apart from other criminal records in Canada. If foreign authorities have information about your criminal record in their system, they will not remove it. For example, if the United States Immigration and Naturalization Service have entered information about your record into their computer, it continues to remain available.

Does a Canadian pardon erase a conviction?

It does not erase a conviction. It does not entitle a person to say that they do not have a criminal record. You are still obligated to disclose your pardoned record.

Who can divulge a pardoned criminal record?

Under the Criminal Records Act (CRA), only the Solicitor General of Canada has the authority to disclose information from a pardoned record. He would only do so in very exceptional circumstances, if (s)he is satisfied that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

When asked if I have a criminal record after obtaining a Canadian pardon, what should I say?

You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: "Yes, I have been convicted of a criminal offence for which I have been pardoned."

Is a Canadian pardon recognized outside Canada?

No. Many foreign countries, including the United States (U.S.), do not recognize a Canadian pardon. If you have a criminal record and are interested in going to the US, you may have to apply for “advance permission to enter as a non-immigrant” (usually referred to as an entry waiver). This procedure may entail the disclosure of your pardoned criminal record as evidence of your rehabilitation for review by U.S. Immigration and Naturalization officials (Note: a pardon is not sufficient evidence). An American waiver package can be obtained at the U.S. Embassy in Ottawa or at any U.S. consulate, port of entry, or pre-clearance center (at international airports throughout Canada). Please see our US entry waiver FAQ.

How long does it take to obtain a pardon in Canada?

Processing is something that is taken very seriously. It may take 12 - 18 months to obtain your pardon depending on the type of offence and the documentation that is required. The processing time will vary in each case. Some have taken longer than 18 months to process. There are numerous elements to consider in processing an application, especially if it is for an indictable offence. This will require a review and decision by a Parole Board member and may involve a lengthy investigation and a number of reports. These reports will have to carefully be reviewed and examined before a decision can be made. Summary conviction cases however, especially for minor offences committed many years ago may not require as extensive investigation and could be processed much more quickly.

Can a Canadian pardon be revoked?

Yes, a pardon can be revoked if:

• You are later convicted of a summary offence under a federal act or regulation of Canada.
• The NPB finds that you are no longer ‘‘of good conduct’
• The NPB learns that a false or deceptive statement was made or relevant information was concealed at the time of the application.

I have a criminal record. Can I travel to the US without a pardon?

Most likely no, though it does depend on what kind of criminal record you have and on whether the US Customs and Border Protection (CBP) view you as a security risk. Though a Canadian pardon is not officially recognized by the United States, it is viewed as a major piece of evidence regarding your reformation of character/rehabilitation when you apply for a US entry waiver. Without a pardon, you will have to demonstrate this in some other way.

You may not require a pardon to get the entry waiver if you have been convicted of only one crime, and that crime was not a “crime of moral turpitude” (please see our US entry waiver FAQs), or you have been convicted of two or more crimes (which are not “crimes of moral turpitude”) but you were sentenced to less than a total of five years. It is important to note that admittance to the US is at the discretion of the CBP and they can deny entry for any reason, even if you fit these criteria. Before attempting to enter the US, contact your nearest US diplomatic mission to ensure you can enter the United States.

Are the rules different if I was in the Canadian Forces?

If you are or were a member of the Canadian Forces, you are required to submit your military conduct sheet and all correspondence required to obtain it as part of your pardon application.

How do I get my military conduct sheet in order to apply for a pardon?

In order to obtain a military conduct sheet for the purposes of applying for a pardon, it depends whether you are a current or former member of the Canadian Forces.

Current members of the CF should have their conduct sheet signed, dated and certified by your Commanding Officer (CO). You have six months to submit the pardon application because after that your certified conduct sheet expires.

Former members of the CF must apply in writing but it depends when you served and whether you served in the reserves. In the letter, all former members must provide their name, date of birth, military identification number or service number, enlistment and discharge dates, and signature and must indicate that the conduct sheet is required for a pardon application.

For former regular members of the Canadian Forces:

• if you left the CF less than five (5) years ago, you must apply in writing to the Director Military Careers Administration and Resource Management (DMCARM/DMCA) at 101 Colonel By Drive, Ottawa, ON K1A0K2





• if you left the CF more than five years ago, you must apply in writing to the Personnel Records Unit of the National Archives of Canada at 395 Wellington Street, Ottawa, ON K1A0N3

For former reserve members of the Canadian Forces

• if you left the reserves less than three (3) years ago, you must apply in writing to the CO of your last unit or posting
   
• if you left the reserves more than three years ago, you must apply in writing to the Personnel Records Unite of the National Archives of Canada at 395 Wellington Street, Ottawa, ON K1A0N3

All correspondence from applying for your conduct sheet must be included in the application for your pardon.

Where can I travel without a pardon?

Unfortunately, there is no formula. Some countries allow people with criminal records to enter for tourist purposes but other countries do not (and some countries allow in only those with certain types of convictions). Canadian pardons are not recognized internationally and can only be used as a means of demonstrating reformation of character or rehabilitation as part of a visa application to the country you are travelling to (if such information is required). The best thing to do is to contact that country’s nearest embassy or consulate to see what restrictions they have regarding travel visas for those with criminal records.

Note: Though you may be able to enter a given country without informing authorities of your criminal record, this does not automatically mean you are allowed to enter that country. Customs and border staffs are very busy and do not have time to check every single person for a record. Illegal entry is a serious offence in most countries and can easily turn into another indictment or a travel ban for that particular country, for you or even for those who travel with you. If you have a criminal record, always check with the country you are traveling to before you travel.

What is the International Transfer of Offenders Act?

The International Transfer of Offenders Act allows Canadians convicted of offences overseas to serve their sentences in Canada, providing certain conditions are met. Offenders must still serve their sentence handed down in the country of conviction, and cannot appeal the sentence through the Canadian appeals process. Transferred offenders are eligible for parole under the Canadian Criminal Code.

Conditions: Canadians must have been convicted of acts which are criminalized in Canada as well as the country of conviction; otherwise they are not eligible for transfer. The exception to this rule is anyone classified as a “young offender,” who can be transferred to Canada through this act and subsequently released.

I was transferred to Canada under the International Transfer of Offenders Act. When I am eligible to apply for a pardon?

All overseas offences which also constitute crimes in Canada are treated as indictable offences once you have been transferred back to Canada under the Act. Therefore the 3 year wait period doesn’t apply to anyone transferred back to Canada, so you either have to wait 5 years for most offences or 10 years for “serious personal injury” offences or sexual offences.