Record Suspension vs. Pardon: What's the Difference?
If you have a criminal record, paid your dues and done your time, you may be asking if and when you might receive a criminal record pardon. Maybe you are finding it hard to find a job or a decent place to live because of your criminal record. You may have seen a bunch of terms like record suspension and criminal record pardon and don’t know which one you need to seek in order to move forward.
Essentially pardon and record suspension mean the same thing.
When did this change take place?
Pardons became known as record suspensions in March of 2012. This switch was made to better reflect what a "pardon" or “record suspension” achieves.
Someone who has been convicted of a criminal offence in Canada, has completed all sentencing requirements and has met their mandatory waiting period can apply to have their record suspended. Whether called a pardon or a record suspension, the end result is the same: a criminal record will not be revealed in routine criminal record checks. Neither a pardon or a record suspension completely removes a criminal record from federal records, and neither a criminal pardon or criminal record suspension is permanent if the applicant does not continue to stay safe within the law.
What You Need to Know
To apply for a record suspension or pardon you need to have met all of the sentencing conditions set by the court in connection with any offence you committed. This includes all the time you were required to serve in a correctional facility or on parole, any fines or surcharges you had to pay and any other conditions set by the court.
After you have met all of your sentencing conditions there is a wait period before you can apply for a pardon or a record suspension. The wait period can be 3, 5 or 10 years depending on when your first offence occurred, whether your record includes indictable or summary offences, and how serious your criminal record is.
The record suspension application process is complicated and takes time.
With all this in mind, if you have been convicted of a crime in Canada and served your sentence, it is worth seeking a record suspension. If your application is approved, your criminal record is concealed from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that you have a criminal record. Your criminal record will not show up on local criminal record checks for routine employment, rental applications and other routine purposes, and will remain that way if you do not commit any additional offences.
If you want help, a Case Manager in BC can assist with figuring out if and when you are eligible to apply for a record suspension. We offer in person or virtual support with each step to help you build the best possible case in hopes of having your Record Suspension Application approved by the Parole Board of Canada.
Conclusion
Do you want to make sure your record suspension application is completed correctly? The John Howard Society of British Columbia will help you move forward. At no cost, our experienced Record Suspension Program Case Managers can help simplify the application process by providing guidance and support with each step. Our goal is to help you complete the lengthy application correctly. To find out if you’re eligible or for more information, please visit our Am I Eligible? webpage. Reach out to us at any time to learn more about the record suspension process and how we can help.