Pardons Lawyer Toronto

The stigma of a criminal conviction can have long-lasting adverse consequences for your personal and professional life. Fortunately, many people with criminal records in Canada can apply to suspend and remove their records, which can give them a fresh start in life. Contact Posner Craig Stein LLP today for an initial case review with a Toronto pardons lawyer to learn more about records suspension and whether you may have the right to apply for one.

A pardon—today called a “record suspension”—gives a person convicted of a crime who has completed their sentence the opportunity to have their criminal record suspended and removed from public access. Criminal records carry a stigma that follows individuals convicted of crimes even after they’ve completed their sentence. A criminal record can appear on a background check when a person applies for housing, employment, or educational opportunities.

A person’s criminal record may serve as a black mark that can make it challenging to obtain a job, lease desirable housing, or pursue education. A record suspension can restrict employers’, educational institutions’, and community agencies’ access to a person’s criminal record, giving them a fresh start after they’ve served their penalty for their crime and lived a law-abiding life after completing their sentence.

A record suspension does not delete or destroy a person’s criminal record. Instead, the record remains under seal with the Canadian Police Information Centre; the Ministry of Public Safety can access a sealed criminal record under limited circumstances.

A person seeking a record suspension must apply to the Parole Board of Canada, which can grant or deny a record suspension. An individual applying for a record suspension must meet the eligibility requirements to have any chance of success on their application. 

Any person convicted as an adult of a summary or indictable offence under a federal act or regulation in Canada may apply for a record suspension. Even non-citizens convicted of offences in Canada can apply for record suspensions.

A person convicted of a crime in another country and transferred to Canada to serve their sentence under the Transfer of Offenders Act or International Transfer of Offenders Act can also apply for a record suspension.

Offences under Schedule 1 of the Criminal Records Act remain ineligible for a record suspension. Schedule 1 offences include sex-based crimes against or involving children, such as:

• Sexual interference with a person under 16
• Sexual exploitation of a person 16 or older but younger than 18
• Child pornography offences
• Making sexually explicit material available to a child
• Corrupting children
• Luring
• Agreement or arrangement to commit a sexual offence against a child
• Exposure
• Removal of a child from Canada for purposes of listed offences
• Trafficking in persons under 18
• Obtaining sexual services for consideration from a child
• Prostitution of a child
• Incest involving a child
• Sexual exploitation of a child with a disability
• Voyeurism of a child
• Sexual assault or aggravated sexual assault of a child

A person with a Schedule 1 conviction can submit an exception form to the Parole Board of Canada to seek an exemption from ineligibility for a record suspension. The Parole Board may allow a person with a Schedule I offence to apply for a record suspension if the Parole Board determines the person:

• Did not hold a position of trust or authority over the victim, and the victim did not depend on the convicted person,
• Did not use, threaten to use, or attempt to use violence, intimidation, or coercion, and
• Was less than five years older than the victim

Furthermore, a person cannot seek a record suspension if they have three or more indictable convictions for which they received a prison sentence of two or more years.

A person applying for a record suspension must observe a waiting period after completing all their sentences. A person has “completed” their sentence if:

• They have paid all fines, surcharges, costs, restitution, and compensation orders
• They have served all sentences of imprisonment or conditional sentences, including parole or statutory release
• They have served any probation orders

The waiting period can begin even if an offender’s weapons or driving prohibition order has not expired. 

A person’s waiting period depends on the date they committed their first offence and whether they received a summary or indictable conviction. For a person whose first offence occurred before June 29, 2010, the waiting periods include:

• Five years for an offence prosecuted by indictment
• Three years for an offence punished on summary conviction

For a person whose first offence occurred between June 29, 2010, and March 12, 2012, the waiting periods include:

• Ten years for serious personal injury offences (like manslaughter), an offence that resulted in a prison term of two or more years, or an offence in Schedule 1 prosecuted by indictment
• Five years for any other offence prosecuted by indictment or an offence in Schedule 1 punishable on summary conviction
• Three years for any other offence punishable by summary conviction

For a person whose first offence occurred on or after March 13, 2012, the waiting periods include:

• Ten years for an offence prosecuted by indictment
• Five years for an offence punishable by summary conviction

If a person’s criminal record does not identify the method of prosecution, the Parole Board will apply the longest waiting period.

An adult convicted of an offence in Canada under a federal act or regulation or convicted of a crime in another country and transferred to Canada while serving the sentence for that crime may apply for a record suspension. People who received an absolute or conditional discharge or were convicted in a youth court do not need to apply for a record suspension. People with absolute or conditional discharges must go through the RCMP’s Pardon & Purge Services, while individuals with youth convictions will have their records automatically destroyed or archived after the applicable period elapses.

A person may become ineligible for a records suspension if they committed their first offence on or after March 13, 2012, and they have three or more convictions for indictable offences that resulted in prison terms of two or more years, or they committed a Schedule 1 offence and do not meet the exception criteria.

A person who wishes to apply for a record suspension must follow the application process with the Parole Board of Canada. The process begins with collecting copies of one’s criminal records from the law enforcement agencies and courts involved in the person’s criminal case(s). These records will help the Parole Board determine the individual’s eligibility for a record suspension. The individual must complete a Record Suspension Application Form and submit it to the Parole Board.

The Parole Board will review the application and the individual’s records to determine eligibility for a record suspension and whether granting the application will serve the individual’s and the public’s interests. If the Parole Board considers denying an application, it will notify the applicant of the reason(s) for the proposed denial and allow them to submit a written response, which it will then consider before issuing a final decision. If the Parole Board approves the application, the Canadian Police Information Centre will seal the applicant’s criminal record from access.

The Parole Board of Canada will consider various factors in an applicant’s case when deciding whether to grant an individual’s request for a record suspension, including:

• The nature and severity of the applicant’s offence(s)
• The length of the applicant’s criminal record
• The applicant’s conduct or behaviour after completing their sentence
• Whether the applicant’s conduct has required regular police intervention
• Whether the applicant has demonstrated rehabilitation or made lifestyle changes to avoid future criminal behaviour
• Whether the applicant would benefit from a record suspension
• The likelihood of the applicant committing a new crime
• The public safety interest

The Parole Board can deny a record suspension for various reasons. Some denials occur because applicants do not meet the eligibility criteria for a record suspension. In other cases, the Parole Board may determine that an applicant’s history and circumstances weigh against granting a record suspension. Some of the most common reasons for a denied record suspension include:

• The applicant has not completed all their sentences
• The applicant has a recent arrest or has pending criminal charges
• Law enforcement has placed the applicant under criminal investigation
• The applicant has not completed the required waiting period
• The applicant has committed a Schedule I offence and does not meet the criteria for an exemption from ineligibility
• The applicant has committed three or more indictable offences for which they received prison sentences of two or more years
• The applicant has failed to demonstrate how a record suspension would provide them a measurable benefit or facilitate their rehabilitation into society
• Granting the applicant’s record suspension would bring the criminal justice system into disrepute

The Parole Board may also deny the application of an individual who failed to meet good conduct criteria since completing their latest criminal sentence, which may include:

• Coming under criminal investigation, even if the investigation did not result in an arrest, prosecution, or conviction
• Entering a peace bond
• Receiving a conditional or absolute discharge
• Engaging in drunk or disorderly conduct in public
• Having overdue fines in non-criminal matters
• Committing a provincial or municipal offence
• Having a suspended driver’s license due to unpaid fines
• Engaging in harassment
• Knowingly associating with criminals, gangs, or terrorist groups
• Becoming involved in any situation that required police intervention

When the Parole Board chooses to deny a person’s record suspension application, it will notify the applicant of the reason(s) for the denial and allow them to respond in writing. The Parole Board will consider the applicant’s written response before making a final decision on their application. If the Parole Board denies an application, the individual may reapply for record suspension after one year following the date of the Parole Board’s final decision.

Although the law does not require a person to have legal representation to apply for a record suspension, a pardons lawyer can give an individual a better chance of success in their application. A pardons lawyer can help an applicant with the record suspension process by:

• Reviewing the facts of the applicant’s case to determine their eligibility for a record suspension, including confirming they have completed their sentence, observed the required waiting period, and do not have convictions that disqualify them from applying for a record suspension
• Gathering documentation and information from the applicant’s criminal case(s) from the court(s) and police departments involved in the case(s)
• Guiding the applicant in the process of satisfying the financial aspects of their sentence, such as costs, fines, and restitution
• Helping the applicant complete their record suspension application form and filing it with the Parole Board
• Communicating with the Parole Board on the applicant’s behalf
• Reviewing any notice of denial and drafting a written response to respond to the Parole Board’s concerns

Unfortunately, the record suspension application process can become long and complex. Furthermore, individuals applying for record suspensions have no guarantee that the Parole Board will approve their applications. Choosing the right legal representation can give you the best chance of success in your application. Choose the pardons lawyers at Posner Craig Stein LLP to guide you through the record suspension application process and advocate for your rights and interests because:

• We have earned numerous awards and recognition for our legal representation, ranking as one of the top criminal boutique firms by Canadian Lawyer for 2024-2025.
• We frequently appear before trial and appellate courts and the Parole Board on our clients’ behalf, which has allowed us to develop in-depth criminal law experience.
• Our lawyers dedicate themselves to securing superior results for clients. We take the time to understand your story, needs, and goals to develop a tailored case strategy aimed at obtaining a favourable outcome for you.

If you qualify for a record suspension, applying to the Parole Board can give you a fresh start after serving your criminal sentence free of the stigma of a conviction and criminal record. Contact Posner Craig Stein LLP today for a confidential consultation with our pardons lawyers to learn more about the record suspension process and get dedicated legal advocacy that may improve your chances of having your application approved.