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Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 14, 2026: the Parole Board of Canada’s application guide, eligibility page and FAQ, the PBC Service Portal and Criminal Records Act ss. 4 to 7.2 checked that day.
What it is: a record suspension (still called a pardon) sets your Canadian criminal record apart and removes it from CPIC, the national police database. The Parole Board of Canada decides it.
When you can apply: 3, 5 or 10 years after your whole sentence is finished, including fines, surcharges and restitution, depending on the offence and the date of your first offence.
Why a lawyer: the Parole Board says you can apply yourself, and many people can. A lawyer helps when the record is long or incomplete, the dates are unclear, or the record also affects immigration or US travel. When a lawyer helps
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Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
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A pardon in Canada is now called a record suspension. It does not erase a conviction, but it keeps the record separate from other criminal records and removes it from the Canadian Police Information Centre (CPIC), so a standard police check no longer shows it. You apply to the Parole Board of Canada once the whole sentence is finished and a waiting period has passed. The government fee is $50, and since October 1, 2026 you can apply online through the PBC Service Portal as well as by mail. This guide covers who can apply, the steps, the documents and how long it takes.
Lawgical Law Corporation, a law firm in Surrey, Abbotsford and Vancouver, BC, prepares record suspension (pardon) applications for people with Canadian convictions, including clients whose record also affects immigration or US travel; this guide is by Sundeep S. Grewal.
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What is a record suspension (pardon)?
A record suspension is an order of the Parole Board of Canada (PBC) under the Criminal Records Act. “Pardon” was the name until March 13, 2012; pardons granted before then keep that name, and most people still search for “pardon”. The effect is the same:
- your record of conviction is kept separate and apart from other criminal records;
- it is removed from CPIC, so a standard criminal record check no longer shows it;
- most provincial and municipal agencies also restrict access once they are told about it.
It has limits. It does not erase the conviction. It is flagged for vulnerable sector checks if the offence was a sexual offence. It has no effect on a prohibition order, such as a driving or firearms prohibition. It can be revoked, or it can stop having effect after a new conviction. And it does not ensure entry to another country: for the United States, you usually still need a waiver (see whether you need a pardon to travel to the US).
Who qualifies for a pardon?
You can apply if you were convicted in Canada of an offence under a federal law (the Criminal Code, the Controlled Drugs and Substances Act and others), you have finished every part of your sentence, and the waiting period has passed. Every part of the sentence means jail, a conditional sentence, parole, probation and the payment of every fine, victim surcharge, restitution and compensation order. The waiting period starts only after the last of these is done.
| First offence committed | Summary conviction offence | Indictable offence |
|---|---|---|
| Before June 29, 2010 | 3 years | 5 years |
| June 29, 2010 to March 12, 2012 | 3 years (5 years for a Schedule 1 offence) | 5 years (10 years for a serious personal injury offence with a sentence of 2 years or more, or a Schedule 1 offence) |
| On or after March 13, 2012 | 5 years | 10 years |
Since March 19, 2020, the PBC applies the rules that were in force on the date of your first offence, not today’s rules. That is why a 2005 conviction can need only 5 years when a 2015 conviction for the same offence needs 10. Two groups cannot apply at all: people convicted of a Schedule 1 offence (sexual offences, mainly involving a child), unless a narrow exception applies, and people convicted of more than three indictable offences that each carried a sentence of two years or more. The details, and how to count the years, are in our guide to pardon eligibility and waiting periods.
You do not need a record suspension for an absolute or conditional discharge (see absolute and conditional discharges). A conviction for simple possession of cannabis alone has its own process with no waiting period and no fee.
How to apply for a pardon: the 10 steps
The PBC’s application guide sets out ten steps. The order matters, because some documents expire and others take months to arrive.
| Step | What you do | What to watch |
|---|---|---|
| 1. Application form | Fill in every question | An unanswered question gets the application returned |
| 2. Criminal record | Electronic fingerprints sent to the RCMP, stating that the request is for a record suspension | Paper fingerprint forms are no longer accepted. Check the result: any missing conviction needs a proof of conviction from the court |
| 3. Court information | Each court that sentenced you completes a Court Information Form | It must show proof and date of payment of every fine, surcharge, restitution and compensation order, and the method of trial (summary or indictable) |
| 4. Military conduct sheet | Only for current or former Canadian Armed Forces members | Request it from the Commanding Officer, National Defence or Library and Archives Canada |
| 5. Local police checks | From the police where you live now, and every place you lived 3 months or more in the last 5 years | Each check is valid for 12 months and must have the police service’s seal or stamp |
| 6. Identity document | A copy of government ID | Name, date of birth and signature must show |
| 7. Schedule 1 exception | Only if you have a Schedule 1 conviction | A narrow exception |
| 8. Measurable benefit form | If your first offence was on or after June 29, 2010 | How a record suspension would help you and sustain your rehabilitation (Criminal Records Act s. 4.1) |
| 9. Fee | $50, using the new processing fee form, or online on the portal | No personal cheques or cash |
| 10. Consent and privacy form | Signed and dated | Valid for 12 months from signing |
Paper applications need original documents with original signatures and seals. On the portal you upload them instead, unless the PBC asks for paper. Processing times are the same either way.
What I do on these files
When I prepare a record suspension, I write to each court’s criminal registry with the client’s signed authorization, the certified criminal record and the Court Information Form, and ask for the court orders as well. One court can take two requests. Then I put a short calculation in the cover letter for every conviction: the offence date, the sentence, the date each part of the sentence was completed and the waiting period that applies. The Board does that calculation anyway. Setting it out means a reader can check it in a minute, and it shows us any problem before the Board does.
How long does a pardon take in Canada?
Three stages, and only the last one is the Board’s:
- The RCMP record: a few business days with no record match, and up to 120 business days when a record has to be processed by hand.
- Court and police documents: this varies by court and police service, and is usually the slowest part.
- The PBC: after the application is accepted as complete and eligible, “at least six months” for summary offences and “at least 12 months” for indictable ones, according to the PBC. If the Board is thinking of refusing, it can take up to 24 months. The PBC currently warns of delays, and it does not fast-track anyone.
How much does a pardon cost?
The PBC fee is $50. You also pay for fingerprints, the RCMP record, court documents and police checks. Pardon companies charge from several hundred to more than a thousand dollars on top, which the PBC says does not speed anything up or give the application special status. A breakdown is in what a pardon costs.
What happens after you apply
An incomplete or ineligible application is returned with a letter saying why, and you can send it again once it is fixed. If it is accepted, the Board makes inquiries into your conduct since the conviction. For an indictable offence, it also asks whether a record suspension would give you a measurable benefit, would sustain your rehabilitation, and would not bring the administration of justice into disrepute. If the Board proposes to refuse, it must tell you in writing and let you answer. See a record suspension application returned or refused.
Pardon facts at a glance
| Decided by | Parole Board of Canada, Clemency and Record Suspension Division |
|---|---|
| Law | Criminal Records Act |
| Fee | $50 (no fee for simple possession of cannabis alone) |
| How to apply | By mail, or online through the PBC Service Portal (GCKey login) since October 1, 2026 |
| Waiting period | 3, 5 or 10 years after the whole sentence, set by the date of the first offence |
| Processing (PBC) | At least 6 months (summary) or 12 months (indictable) after acceptance; up to 24 months if a refusal is proposed |
| After a refusal | Wait one year to re-apply (Criminal Records Act s. 4.2(4)) |
| Travel | Does not ensure entry to another country; the US usually still requires a waiver |
If you are not a Canadian citizen
Permanent residents, sponsors and citizenship applicants have more at stake. A record suspension removes the conviction as a ground of inadmissibility (IRPA s. 36(3)(b)), lifts the sponsorship bar for a pardoned Canadian conviction (IRPR s. 133(2)) and affects the citizenship prohibitions. Convictions outside Canada need criminal rehabilitation, not a record suspension. See record suspensions and immigration.
When a lawyer is worth it
One lawyer, one file, every step:
- checking the RCMP record against the court files for missing convictions and wrong dates;
- working out the waiting period for each conviction, by first offence date and sentence completion date;
- requesting court information and orders from each court, and proof of restitution where the court can’t confirm it;
- writing the measurable benefit and rehabilitation material with supporting evidence;
- answering a proposed refusal, and advising on immigration status and US travel at the same time.
The Parole Board is right that a simple record, one conviction in one court with everything paid, can be done without a lawyer. Where we help is a record with several courts and several decades, a restitution order that was hard to pay, a measurable benefit that needs evidence, a proposed refusal, or a client whose status in Canada or travel to the US depends on getting it right.
Lawyers are members of a law society (in our case, the Law Society of British Columbia), which regulates the legal advice we give and our duty to you. Pardon companies are not law firms. If the Parole Board refuses a record suspension, the decision can be challenged by judicial review in the Federal Court, where a lawyer can represent you.
Mistakes I have seen
- I have seen applications built on an RCMP record that left a conviction out. The PBC holds you responsible for reporting every conviction, and a missing one gets the application returned, or the record suspension cancelled later.
- I have seen restitution paid years after the rest of the sentence ended. The waiting period runs from the payment, not the end of probation, and courts may not be able to confirm payment, so keep the receipt or a letter from the person paid.
- I have seen local police checks expire while the court documents were still coming. Each check is valid for 12 months, so order them near the end.
- I have seen people assume a pardon lets them cross into the US. It does not remove the need for a US waiver.
Frequently asked questions
Is a pardon the same as a record suspension?
Yes, for practical purposes. “Record suspension” has been the legal name since March 13, 2012. Pardons granted before then are still called pardons and have the same effect.
Can I apply for a pardon online?
Yes. Since October 1, 2026 the PBC Service Portal accepts record suspension applications online, with document uploads, online payment and status tracking. You need a GCKey. Paper applications by mail are still accepted, and processing times are the same.
Do I need a lawyer to get a pardon?
No. The PBC says you can apply directly. A lawyer is worth it when the record is complicated, the eligibility date is uncertain, the Board proposes a refusal, or the record affects immigration status or US travel.
Does a pardon clear my record for employers?
It removes the record from CPIC, so a standard criminal record check does not show it. For sexual offences it is flagged in vulnerable sector checks.
Can a pardon be taken away?
Yes. It can be revoked or stop having effect after a new conviction, if the Board finds you are no longer of good conduct, or if the application hid information or was ineligible (Criminal Records Act ss. 7 and 7.2).
Do I need a pardon for a discharge?
No. Absolute discharges are removed from CPIC after one year and conditional discharges after three years (for discharges on or after July 24, 1992).
What should I do right now?
Get your fingerprints taken electronically for an RCMP record, marked as being for a record suspension, because nothing else can start until it comes back. While you wait, list every court that sentenced you and find your proof of payment for every fine and restitution order.
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Sources (official)
- Parole Board of Canada: Applying for a record suspension (page dated October 8, 2026)
- Parole Board of Canada: Determining your eligibility for a record suspension or pardon
- Parole Board of Canada: What is a record suspension?
- Parole Board of Canada: Got a question about your application? (page dated November 10, 2026)
- Parole Board of Canada: PBC Service Portal (launched October 1, 2026)
- Parole Board of Canada: Application fee reduction ($50 since January 1, 2022)
- Parole Board of Canada: Applying for a cannabis record suspension
- Criminal Records Act, s. 4 (waiting periods and ineligible persons)
- Criminal Records Act, s. 4.1 (when the Board may order a record suspension)
- Criminal Records Act, s. 4.2 (inquiries, representations and the one-year wait after a refusal)
- Criminal Records Act, s. 7 (revocation)
- Criminal Records Act, s. 7.2 (cessation)
- RCMP: Criminal record checks, processing times and fees
- Immigration and Refugee Protection Act, s. 36 (including s. 36(3)(b))
This article is general information, not legal advice. Every case depends on its own facts.