General Eligibility Questions & Answers

Q: Who can apply for a record suspension?

A: You can apply if you were convicted as an adult under a federal act or regulation in Canada, or for an offense from another country transferred to Canada under the Transfer of Offenders Act. 

Q: When does the waiting period begin?

A: The waiting period starts only after completing all sentences, including incarceration, conditional sentences, parole, probation, and the payment of all fines, surcharges, restitution, and compensation. 

Q: What are the waiting periods?

A: Waiting periods depend on when the offence occurred: 

• On or after March 13, 2012: 10 years for indictment offences and 5 years for summary conviction offences.
• Before March 13, 2012: 5 years for indictment offences and 3 years for summary conviction offences. 

Q: Are any offences ineligible for a record suspension?

A: Generally, you are ineligible if you have a conviction for a Schedule 1 offence (sexual offence involving a child), unless specific criteria are met. You are also ineligible if you have more than three indictment offences with prison sentences of two years or more. 

Q: Do I need a record suspension for a discharge?

A: No. Discharges after July 24, 1992, are automatically removed from your record by the RCMP after one year (absolute) or three years (conditional). 

Q: Will a record suspension allow me to travel to the U.S.?

A: A Canadian record suspension does not guarantee entry to another country, as entry is at the discretion of each country. While your suspended Canadian record may not be visible to U.S. border officials, they may still have access to previously collected information. It’s advisable to contact the authorities of the country you plan to visit, as you may need a U.S. waiver for entry into the U.S. 

How to Check Your Eligibility

The Parole Board of Canada (PBC) is the federal agency responsible for ordering record suspensions. 

• Use the PBC’s Eligibility Self-Assessment Tool.
• Refer to the official Record Suspension Application Guide and Forms.
• Contact the PBC directly at 1-800-874-2652

Court Documents

MEASURABLE BENEFIT/SUSTAINED REHABILITATION FORM

1. Clearly indicate how a record suspension would provide you with a measurable benefit and how it would sustain your rehabilitation into society as a law-abiding citizen.

Simplified Explanation:

Explain how a record suspension will make a real difference in your life (for example, helping you get a job, go back to school, volunteer, travel, or support your family).

Also explain how getting a record suspension will help you continue making good choices and stay on a positive path.

Example:

“A record suspension would help me apply for more jobs in the security field, which I cannot do because of my record. This would allow me to earn a better income and support my family. Having the suspension would also motivate me to continue staying clean, working steadily, and keeping my life on track.”

2. Describe all positive changes you have already made to improve your situation since your conviction. You may include supporting documents.

Simplified Explanation:

Talk about the good and responsible things you have done since your conviction. Examples:

• Work history
• School or training
• Counselling or treatment
• Sobriety
• Community involvement or volunteering
• Staying out of trouble
• Taking care of your family
  Attach documents if you have them (letters, certificates, proof of employment, etc.).

Example:

“Since my conviction, I have taken anger management and completed addiction counselling. I have been sober for three years and work full-time as a labourer. I volunteer twice a month at a food bank and have stayed out of trouble since my conviction. These actions show that I am committed to being responsible and improving my life.”

3. (a) Information on the offence(s). Describe the circumstances and how/why EACH of the offences was committed (Who, What, When, Where, and How).

Simplified Explanation:

For each offence, explain in simple terms:

• What happened
• When and where it happened
• What you were doing at that time
• Why it happened
• Any important details that help explain the situation (without making excuses)

You must explain each offence separately if you have more than one.

Example:

“In June 2014, in Edmonton, I was charged with mischief for breaking a window during an argument. I had been drinking heavily and acted without thinking. I take full responsibility for my actions and understand that it was a poor decision.”

3. (b) OPTIONAL – Describe how your personal and social history may have contributed to your offence(s) and/or involvement in the criminal justice system.

Simplified Explanation:

This part is optional.

You may explain if things in your life at the time made it harder to make good decisions. Examples:

• Mental health struggles
• Substance use
• Trauma or abuse
• Poverty or homelessness
• Racial discrimination
• Growing up in a difficult environment
• Over-policing or lack of support in your community
  This is not about making excuses—just providing context.

Example:

“At the time of my offence, I was struggling with depression and drinking heavily. I was also living in unstable housing and didn’t have access to support services. These issues contributed to my behaviour, but since then I have received counselling, found stable housing, and made major improvements in my life.”

4. For all sexual offences, include the age of the victim. Provide official documentation, if available.

Simplified Explanation:

If your offence was sexual in nature:

• You must state the victim’s age
• Attach any official documents you have (court records, police documents, etc.)

Example:

“One of my offences was sexual in nature. The victim was 16 years old. I have attached the official court documents that confirm this information.”