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 record from the CPIC database, so it should not appear on a standard name-based criminal record check
• Requires federal agencies to keep the record separate and apart, and not disclose it without the Minister of Public Safety's approval
• Federal government, Crown corporation, Canadian Forces and federally regulated employers may not use application forms that ask you to disclose a suspended conviction (Criminal Records Act, s. 8)

What it Does NOT Do:

• Does not erase your record entirely
• Suspended sexual offence records are flagged and can be disclosed on a vulnerable sector check
• Can be revoked, for example after a new conviction or if you are found to be no longer of good conduct

Eligibility (first offence on or after March 13, 2012):

• Summary offences: 5 years after the whole sentence is completed
• Indictable offences: 10 years after the whole sentence is completed
• Schedule 1 offences (sexual offences involving a child): not eligible unless a narrow exception applies; more than three indictable convictions each with a prison sentence of 2 years or more: not eligible
• First offences before March 13, 2012 have shorter waiting periods (3 or 5 years in most cases)

Cost: $50 Parole Board of Canada application fee, plus your own costs for fingerprints, court documents and police checks. Simple possession of cannabis only: no fee and no waiting period.

Timeline: once the application is accepted as eligible and complete, the Parole Board aims to decide within 6 months (summary) or 12 months (indictable); up to 24 months if it proposes to refuse.

Full details, steps and documents: Pardon (record suspension) in Canada.

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
• Under the Criminal Records Act, the record is not disclosed without the Minister's approval, and is removed from CPIC, 1 year after the discharge
• You are found guilty but not convicted

Conditional Discharge:

• Comes with conditions in a probation order
• The record is not disclosed without the Minister's approval, and is removed from CPIC, 3 years after the day the discharge was ordered
• If you breach conditions, you may be convicted instead

The Parole Board of Canada says you do not need a record suspension if you only received a discharge.

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 passed the Expungement of Historically Unjust Convictions Act. Only offences listed in the Schedule to that Act are eligible. The Parole Board of Canada lists these categories:

• Gross indecency, buggery and anal intercourse (consensual same-sex activity, including close-in-age situations)
• Keeping a common bawdy house (including convictions from bathhouse raids)
• Certain abortion-related offences ("miscarriage" in the Criminal Code)
• The same conduct prosecuted under the National Defence Act

Effect:

The judicial record is destroyed or permanently removed from federal databases, and the person is treated as never having been convicted of that offence.

Application:

Apply to the Parole Board of Canada. There is no application fee. If the person has died, a family member or trustee can apply. If court or police records are unavailable, a sworn statement may be accepted.

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:

• Access to a youth record is only allowed during an "access period" set by section 119 of the Act
• Access periods vary based on the outcome and the offence
• The Parole Board of Canada says youth records are destroyed or archived once the time periods have elapsed, so you do not need a record suspension

Access Periods (section 119(2)):

• Extrajudicial sanctions: 2 years after the young person consents to the sanction
• Reprimand: 2 months after the finding of guilt
• Absolute discharge: 1 year after the finding of guilt
• Conditional discharge: 3 years after the finding of guilt
• Summary conviction: 3 years after the youth sentence is completed
• Indictable offence: 5 years after the youth sentence is completed

A new offence during the access period can extend it.

Record Suspension vs Expungement: Key Differences

Common Questions About Clearing Your Record

Do I Have to Disclose a Suspended Conviction to an Employer?

The Criminal Records Act bars federal government departments, Crown corporations, the Canadian Forces and federally regulated employers from using application forms that ask about a suspended conviction, and the Canadian Human Rights Act makes a pardoned or suspended conviction a prohibited ground of discrimination. Provincial human rights laws differ by province. For vulnerable sector positions, suspended sexual offence records can still be disclosed.

Will US Border Agents Still See My Record?

A record suspension does not help at the US border. Global Affairs Canada says a pardon issued by Canadian authorities is not recognized under U.S. law; if you are inadmissible, you can apply to U.S. Customs and Border Protection for a waiver.

Can I Get My Record Truly Erased?

Only if your conviction is listed in the Expungement of 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 (within 6 months for summary offences or 12 months for indictable offences after the Parole Board accepts the application; up to 24 months if it proposes to refuse)

For Expungement (Historically Unjust Convictions):

1. Confirm your conviction is listed in the Act's Schedule
2. Gather proof of conviction (court or police records, or a sworn statement if they are unavailable)
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:

• Your record is removed from CPIC, so it should not appear on a standard name-based criminal record check
• Federal employers cannot ask you to disclose it on application forms
• It does not help with entry to the United States

For eligibility, fees, steps and processing times, see our guide to pardons and record suspensions in Canada, and do pardoned records show on a background check?.

If you need a criminal record check while you work out your options, you can order a standard name-based check online at safehire.ca. It will show convictions that have not been suspended. Note that the Parole Board requires a fingerprint-based RCMP record for a record suspension application, so an online name-based check cannot be used for that.

Sources

All checked 2026-10-17.

• Parole Board of Canada, What is a record suspension?: https://www.canada.ca/en/parole-board/services/record-suspensions/what-is-a-record-suspension.html
• Parole Board of Canada, Record Suspension Application Guide and Forms: https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html
• Parole Board of Canada, Determining your eligibility: https://www.canada.ca/en/parole-board/services/record-suspensions/determining-your-eligibility-for-record-suspension.html
• Parole Board of Canada, What is expungement?: https://www.canada.ca/en/parole-board/services/expungements/expungement.html
• Parole Board of Canada, Expungement FAQ: https://www.canada.ca/en/parole-board/services/expungements/commonly-asked-questions.html
• Criminal Records Act: https://laws-lois.justice.gc.ca/eng/acts/C-47/FullText.html
• Youth Criminal Justice Act, s. 119: https://laws-lois.justice.gc.ca/eng/acts/Y-1.5/FullText.html
• Canadian Human Rights Act, s. 3: https://laws-lois.justice.gc.ca/eng/acts/H-6/FullText.html
• Global Affairs Canada, United States travel advice: https://travel.gc.ca/destinations/united-states