Criminal Record Pardons:

Question: How do I apply for a criminal record suspension in Ontario, and what documents do I need to gather?

Answer: DefendCharges.Lawyer helps Ontario residents navigate criminal record suspension applications by confirming you meet core eligibility rules (completed sentence, no outstanding fines or fees, and the correct waiting period), then mapping your conviction history so you can assemble the required supporting documents like court records, fingerprint checks, and any other jurisdiction-specific materials into a complete package before filing.   The full process often takes several months to prepare and additional months for a decision, so starting early and organizing records for both summary conviction and indictable matters can help you optimize timelines and reduce rework.   If you have questions about whether your record includes sexual offences or multiple indictable offences, call (647) 977-5997 to discuss your situation with a lawyer from DefendCharges.Lawyer and get clear next steps.

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Criminal Record Suspension Application Procedures

People make errors in judgment; however, the consequences of those mistakes should eventually, within reason, come to an end.  Unfortunately, after penalties as a debt to society are paid, adverse affects may continue for many years by way of reduced freedom to travel, loss of work or volunteer opportunities, among other impediments.  Obtaining a criminal record suspension works to enable new beginnings without the shackles of a criminal record.

Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.

The Law

In March 2012, the Safe Streets and Communities Act, S.C. 2012, Chapter 1, effected many changes to the Criminal Code of Canada, R.S.C. 1985, c. C-46, among other statutes, including the Criminal Records Act, R.S.C. c. C-47, which included changes to the guidelines and procedures for obtaining a pardon, including change of the term pardon to the new term, criminal record suspension.  Among various changes, waiting periods were amended such that a record suspension may be available after five (5) years have passed since a summary conviction offence or ten (10) years since an indictable offence.

Expected Process

Applying for a record suspension may involve various complexities depending on the individual situation of the applicant as the application process requires various supportive documents be obtained from various sources and submitted collectively as a complete package with the primary application documents.  The various supportive documents include court records from the jurisdictions in which convictions were registered, finger print checks, among other things.  The process of gathering the required documents and preparing the properly complete package often takes a few months; and after the package of application document are submitted, a decision may take a few more months.  Overall, the entire process may take up to a year, and maybe more for highly complex situations.

Application Guidelines

When applying for a criminal record suspension you must be in law-abiding status subsequent to the end of your most recent sentence and be without any outstanding fines or fees due to the government such as monies owed for driving offences (traffic tickets), among other things.

Additionally, you must await expiry of the applicable waiting period.  The waiting period is five (5) years after completion of summary conviction sentences or ten (10) years after completion of a sentence for an indictable offence conviction.

Furthermore, persons previous convicted for sexual offences may have limitations applicable to a record suspension.  Persons previously convicted of three, or more, indictable offences involving prison sentences of two (2) years or more, as well as persons previously convicted for sexual offences inflicted upon minor persons are unable to obtain a record suspension (a few very rare exceptions may apply).