Record Suspension vs Expungement: Why Canada Does Not Have Expungement

Why People Search for Expungement in Canada

If you are searching for information about expungement in Canada, you have likely heard the term used in American legal contexts. Expungement in the United States means completely erasing a criminal record as if the conviction never happened. Courts order records sealed or destroyed, and in many cases, individuals can legally state they were never convicted.

Canada's legal system works differently.

Canada Does Not Have Traditional Expungement

The Canadian Approach

In Canada, criminal records are not erased or expunged in the traditional sense. Instead, Canada uses a system called record suspension (formerly known as a pardon). This system keeps your record separate from other records rather than destroying it.

Why the Difference?

Canadian criminal justice philosophy emphasizes rehabilitation while maintaining accurate historical records. The approach allows:

• Individuals to move on from past mistakes
• Records to remain available for specific purposes (vulnerable sector checks, pardoned sexual offences)
• The possibility of revoking suspensions if new offences occur

Understanding Your Options in Canada

Option 1: Record Suspension (Formerly Pardon)

What it Does:

• Removes your conviction from standard criminal record checks
• Keeps your record in a separate database not accessible to employers
• Allows you to legally state you do not have a criminal record for most purposes

What it Does NOT Do:

• Does not erase your record entirely
• May still appear on vulnerable sector checks for sexual offences
• Can be revoked if you commit a new offence

Eligibility:

• Summary offences: 5 years after sentence completion
• Indictable offences: 10 years after sentence completion
• Some sexual offences involving minors: Not eligible

Cost: $50 application fee plus document gathering costs

Timeline: 12-24 months processing time

Option 2: Discharge (Absolute or Conditional)

A discharge is a decision made at the time of sentencing, not something you apply for later.

Absolute Discharge:

• No conditions attached
• Conviction removed from your record after 1 year
• You are found guilty but not convicted

Conditional Discharge:

• Comes with conditions (probation, community service, etc.)
• Conviction removed from your record after 3 years of completing conditions
• If you breach conditions, you may be convicted instead

Limitation: You cannot apply for a discharge after the fact. It must be ordered at sentencing.

Option 3: True Expungement (Limited Circumstances)

Canada does have expungement, but only for a very narrow category of offences.

Historically Unjust Convictions

In 2018, Canada created the Expungement of Historically Unjust Convictions Act. This allows expungement only for:

• Offences that criminalized consensual sexual activity between same-sex partners
• Offences that no longer exist and are inconsistent with the Canadian Charter of Rights and Freedoms

Who Qualifies:

People convicted under past laws that criminalized consensual homosexual activity, such as:

• Gross indecency between males
• Buggery
• Anal intercourse

Effect:

True expungement destroys all records and allows individuals to legally state they were never convicted.

Application:

Apply through the Parole Board of Canada with proof of conviction and circumstances.

Option 4: Youth Records

Youth criminal records (offences committed under age 18) have special protections under the Youth Criminal Justice Act.

How Youth Records Work:

• Records are sealed after the access period ends
• Access periods vary based on offence severity
• After sealing, records are not disclosed on most background checks

Access Periods:

• Extrajudicial sanctions: 2 years from completing sanctions
• Reprimand or absolute discharge: 2 years from finding of guilt
• Conditional discharge: 3 years from finding of guilt
• Summary conviction: 3 years from completing sentence
• Indictable offence: 5 years from completing sentence

Youth records are not expunged but become inaccessible for most purposes.

Record Suspension vs Expungement: Key Differences

Common Questions About Clearing Your Record

Can I Say I Have No Criminal Record After a Record Suspension?

Yes, for most purposes. When asked about criminal convictions by employers (except for vulnerable sector positions), you can legally state that you do not have a criminal record.

Will US Border Agents Still See My Record?

Possibly. The United States maintains its own databases and may have information about your Canadian conviction. A record suspension helps but does not guarantee entry to the US. Consider applying for a US entry waiver if you have concerns.

Can I Get My Record Truly Erased?

Only if your conviction falls under the Historically Unjust Convictions Act. For all other offences, record suspension is the closest option to expungement available in Canada.

What About Provincial Offences?

Provincial offences (traffic tickets, bylaw violations) are not part of your criminal record and do not require record suspension or expungement.

How Do I Know Which Option Applies to Me?

1. If your conviction is for historically unjust same-sex offences: Apply for expungement
2. If you received a discharge at sentencing: Wait for automatic record removal
3. If you were a youth: Records seal automatically after access period
4. All other convictions: Apply for record suspension

Steps to Clear Your Record

For Record Suspension:

1. Wait the required period (5 or 10 years)
2. Gather required documents
3. Complete application forms
4. Submit to Parole Board of Canada
5. Wait for processing (12-24 months)

For Expungement (Historically Unjust Convictions):

1. Confirm your conviction qualifies
2. Gather proof of conviction
3. Complete expungement application
4. Submit to Parole Board of Canada
5. Await decision

Moving Forward

While Canada does not offer the type of expungement common in the United States, record suspensions provide substantial benefits. After receiving a record suspension:

• Most employers will not see your conviction
• You can honestly state you have no criminal record
• Doors to employment, volunteering, and travel open

The first step is understanding exactly what appears on your record. We recommend running a criminal record check on yourself before pursuing any of these options. This ensures you know exactly what you are dealing with and can choose the right path forward.