Criminal Records - Criminal Pardons

In Canada it is possible to have your criminal record removed by way of a Criminal Pardon.


Criminal Records

There is a difference in Canada between a finding of guilt and a conviction.

Once a person is found guilty of some offences the Court must decide whether or not it will enter a conviction. In such a case if the Court considers that it is in the best interests of the accused and not contrary to the public interest, the Court may refrain from entering a conviction and instead grant an absolute or conditional discharge

Although they have been found guilty, persons who receive absolute or conditional discharges may truthfully say that they have not been convicted and do not have a criminal record.

There are, however records kept by the R.C.M.P. and the local police service of the absolute or conditional discharge.

Criminal Records kept by the R.C.M.P. and the local police force with respect to convictions may be used against you during any;

  • police investigation,
  • during a bail hearing,
  • during a sentencing,
  • as a witness, or
  • by a prospective employer or
  • bonding company

After sentencing you should consult a criminal lawyer to determine if and when a criminal pardon is available under the Criminal Records Act.

Once a criminal pardon is obtained you should ask your lawyer to contact the R.C.M.P. and the local police service to determine if their records have been purged.

A Canadian criminal record has an impact on travel, study, and employment. In the United States is crossing the border and immigration is governed by the American Immigration and Nationality Act.

Boarder officials may refuse entry the United States to any person with a criminal record and should the official believe that person should not be allowed entry, entry will not be granted.


Getting a Criminal Pardon

Criminal Pardons are available to persons convicted of certain criminal offences and who have rehabilitated themselves since their conviction.

A Criminal Pardon allows the individual a future unhindered by their criminal past. All conditions of a sentence must be met before an individual can apply for a pardon, this includes;

  • payment of any fine and
  • expiration of any probation period
  • expiration of any penalty imposed by the courts

In addition for summary criminal offences you must wait three years after the completion of all conditions of your sentence before being eligible to apply.

For criminal indictable offences you must wait five years after the completion of all conditions of your sentence before being eligible to apply.

Persons wishing assistance obtaining a Criminal Pardon, are advised to visit the links to agencies listed on this site.