Pardon and Record Suspension Lawyers in Toronto
Pyzer Criminal Lawyers helps people in Toronto and across Ontario apply for a record suspension (or a pardon under the older law).
Jonathan Pyzer and our team of experienced criminal defence lawyers can help you understand how to apply to the Parole Board of Canada under the Criminal Records Act. If you have convictions from more than one court or your first offence was before 13 March 2012, ask which rules apply to you.
- Representing clients in Ontario since 2002
- Speak directly with an experienced criminal defence lawyer
- Help understanding the waiting period and the documents you’ll need
- A free, confidential case evaluation with no obligation
Schedule a free consultation or call us at (416) 658-1818. Available 24/7 for urgent matters.





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Found on this page
- What Is a Record Suspension Under the Criminal Records Act?
- When You Can Apply for a Record Suspension in Canada
- How We Handle Record Suspension Applications in Toronto
- What a Record Suspension Costs and How Long It Takes
- Can You Apply for a Pardon Yourself?
- What a Record Suspension Changes and What It Doesn’t
- When You Have More Than One Conviction
- Speak With a Toronto Pardon Lawyer
- Frequently Asked Questions
Meet Your Legal Team
When you contact Pyzer Criminal Lawyers, you speak with highly experienced criminal defence lawyers who handle record suspension applications in Toronto and across the GTA. We take the time to review your record, confirm your waiting period, and give you clear advice on next steps.
What Is a Record Suspension Under the Criminal Records Act?
A record suspension is an order of the Parole Board of Canada under the Criminal Records Act. It generally applies to adult convictions in Canada for federal offences. It sets your federal conviction record apart from other criminal records, so it generally won’t appear in a routine search of the Canadian Police Information Centre (CPIC) database.
Without one, an adult conviction may still appear on a check for work, volunteering, a school placement or a licence after your sentence ends. What appears depends on the type of check. If an employer has asked for one, find out which check it needs and when it’s due. Many people use the word pardon. The Board still uses that term when earlier rules apply.
For most applications under the current rules, the Board must be satisfied that:
- your whole sentence is complete and the waiting period has passed
- you’ve been of good conduct, with no new federal conviction that counts under the Act during that period
- for an offence prosecuted by indictment, it would have a measurable benefit for you, support your continued rehabilitation, and avoid undermining public confidence in the justice system
That’s the test in sections 4 and 4.1 of the Criminal Records Act. For a first offence before 13 March 2012, the Board uses an older version of it. Section 2.1 gives the Board “exclusive jurisdiction and absolute discretion” over the decision, so no one can promise a result. The one exception is an application covering only simple possession of cannabis, which section 4.1(1.1) requires the Board to grant if the conditions are met.
Your lawyer can check your record against this test before you apply and show you where the application needs support.
When You Can Apply for a Record Suspension in Canada
You can apply for a record suspension in Canada once your whole sentence is complete and the waiting period has passed. The wait depends on how the Crown prosecuted each offence and when you committed your first offence.
This table shows the Parole Board of Canada’s waiting periods by the date you committed your first offence. If a charge could proceed either summarily or by indictment, use the procedure shown in the court record.
| Date of your first offence | Summary conviction | Prosecuted by indictment |
|---|---|---|
| On or after 13 March 2012 | 5 years | 10 years |
| 29 June 2010 to 12 March 2012 | 3 years (5 years for a Schedule 1 offence) | 5 years (10 years for a Schedule 1 offence, or for a serious personal injury offence with a prison sentence of 2 years or more) |
| Before 29 June 2010 | 3 years | 5 years |
The clock starts when you finish every part of your sentence, including any imprisonment, parole or statutory release, probation, and required payments such as fines, surcharges, costs, restitution and compensation. For example, if you finished probation in 2020 and paid your last required fine in 2023, your wait starts in 2023. A driving or weapons prohibition, or a section 161 order limiting contact with children, doesn’t hold the clock back while it’s still running. Neither does a victim surcharge imposed from 24 October 2013 through 13 December 2018, inclusive.
After a 2020 Federal Court ruling, the Board stopped applying the 2010 and 2012 law changes to older offences. It now uses the rules, including the waiting periods, in force when your first offence happened. If the court can’t confirm how the Crown proceeded, the Board applies the longest wait under those rules.
Your lawyer can check the court record for how the Crown proceeded on each charge. That one detail can decide whether you face the shorter wait or the longer one.
Who Can't Get a Record Suspension?
Two statutory bars can affect civilian applicants who committed their first offence on or after 13 March 2012. Under section 4(2) of the Criminal Records Act, you can’t apply if you were convicted of:
- a Schedule 1 offence, which mainly covers sexual offences involving children, unless the exception applies
- more than three offences prosecuted by indictment, each with a prison sentence of 2 years or more
The Board applies both bars only when your first offence happened on or after 13 March 2012. The Schedule 1 exception and its three conditions are covered in “Applying with a Schedule 1 Conviction”.
When You Don't Need a Record Suspension
Some records don’t need a record suspension at all. You don’t need to apply if your record holds only:
- discharges, which come off CPIC automatically 1 year after sentencing for an absolute discharge or 3 years after sentencing for a conditional discharge (for a discharge before 24 July 1992, you ask the RCMP in writing)
- youth court records, which follow their own access periods under the Youth Criminal Justice Act, rather than closing automatically when you turn 18. A later adult conviction during an applicable access period can change how the record is treated
- charges that were withdrawn, stayed, dismissed or ended in an acquittal, where you can ask police to destroy your fingerprints and photos instead
- simple possession convictions under section 4(1) of the Controlled Drugs and Substances Act. For convictions before 17 November 2022, the law required the records to be set aside by 17 November 2024. For later convictions, the RCMP sets the record aside two years after conviction or completion of the sentence, whichever is later
Simple possession convictions under section 4(1) of the Controlled Drugs and Substances Act are handled differently. For convictions before 17 November 2022, section 10.6 of that Act required the records to be kept separate and apart by 17 November 2024. For later convictions, the record is set apart two years after conviction or completion of the sentence, whichever is later. The RCMP is still completing that work manually, and a ministerial directive tells it not to disclose simple possession convictions on background checks unless the law requires it. A certified criminal record check for personal use may still show the conviction. If simple possession is your only conviction, ask a lawyer whether you still need to apply.
If your only convictions are for qualifying simple possession of cannabis, a separate record suspension application has no fee and no waiting period. Unpaid fines or victim surcharges for that offence don’t block the application, but you must finish the rest of your sentence. Those amounts are still payable.
Our page on having fingerprints and photos destroyed explains how that request works.
Not sure when you can apply?
Speak with a lawyer about your record. Free case evaluation.
How We Handle Record Suspension Applications in Toronto
At Pyzer Criminal Lawyers, you can ask a lawyer to review your Royal Canadian Mounted Police (RCMP) fingerprint-based criminal record with you. The Board also needs to know about convictions missing from that record. Here’s what you’ll need at each stage.
Confirming Your Eligibility and Waiting Period
An application filed before you’re eligible won’t succeed. Check when you committed your first offence, how each charge was prosecuted and when you completed each sentence, including required payments. If your first offence came before 13 March 2012, the older rules may set a different waiting period. If the dates or method of trial are unclear, you may need court records to confirm when you can apply.
Gathering Your RCMP Record, Court Information and Police Checks
The Board asks for these three records, along with the application, consent form and any additional documents your case requires:
- Your RCMP fingerprint-based criminal record. An accredited company or police service takes fingerprints electronically, and the RCMP charges a $25 fee.
- A Court Information Form from each court that sentenced you, with the court’s section signed, dated and sealed or stamped. It shows each conviction, how the Crown proceeded and when any fine was paid.
- A local police records check for your current address and every place you’ve lived for 3 months or more in the last 5 years, each valid for 12 months. The Toronto Police Service charges $45 and needs your RCMP results first.
You’ll need to give fingerprints and sign the required forms yourself. Ask which records your lawyer can request with your authorization.
Writing the Measurable Benefit and Rehabilitation Statements
Section 4.1 of the Criminal Records Act sets an additional test for indictable offences under the current rules. If this test applies to you, explain how a suspension would benefit you in a concrete way and support your continued rehabilitation. The Board’s form asks about both whenever the first offence happened on or after 29 June 2010.
Explain what the record is affecting now, such as a job offer, a licence or a school placement, and what has changed since the offence. If a job offer depends on a record check, for example, describe the role and any deadline, and keep a copy of the offer.
Applying With a Schedule 1 Conviction
With a Schedule 1 conviction and a first offence on or after 13 March 2012, the only route is the exception in section 4(3) of the Criminal Records Act. You have to satisfy the Board that:
- you weren’t in a position of trust or authority over the victim, and the victim wasn’t dependent on you
- you didn’t use, threaten or attempt violence, intimidation or coercion
- you were less than 5 years older than the victim
The Board requires its exception form and official documentation of the victim’s age. Meeting those conditions removes the Schedule 1 bar. You must still meet the other eligibility rules. The Board still decides whether to grant the suspension.
Filing and Following Up With the Parole Board
Of the 15,809 applications the Parole Board of Canada received in 2025–26, it returned 4,042 (25.5%) at screening. Most of those returns involved missing documents or payment issues.
You can file through the Board’s online portal, open since 1 October 2026, or by mail, with the $50 fee. If the Board proposes to refuse, it tells you in writing, and you can respond in writing or, if the Board authorizes it, at a hearing under section 4.2(2) of the Criminal Records Act. After a formal refusal, you must wait one year before reapplying. If the Board returns an incomplete application, you can correct it and resubmit without that one-year wait.
If you receive a proposed refusal, check the deadline in the letter and ask a lawyer what evidence addresses the Board’s concerns. Your reply can correct an error or explain evidence the Board may have missed.
What a Record Suspension Costs and How Long It Takes
The Parole Board of Canada charges $50 to process a record suspension application, and nothing for an application covering only qualifying simple cannabis possession convictions. Fingerprints, police checks and court documents may cost extra. If you hire a lawyer, their fee is separate.
This table lists the main costs for an application in Toronto.
| Item | Cost | Notes |
|---|---|---|
| Parole Board of Canada application fee | $50 | The fee since 1 January 2022 |
| RCMP fingerprint-based criminal record | $25 federal fee | The fingerprinting company or police service adds its own charge |
| Toronto Police Service local records check | $45 | Other police services set their own fees |
| Certified copies of Ontario court documents, if needed | $3.50 a page (Ontario Court of Justice) or $4.00 a page (Superior Court of Justice) | These rates are for certified copies. Ask the court whether it charges to complete the Court Information Form |
| Our legal fees | Provided during your Free Case Evaluation | Ask whether a payment plan is available for your matter |
Timing comes in two stages. The RCMP lists 120 business days when fingerprints match a criminal record. Some checks take longer, and you should allow time for mail delivery. Once the Board accepts a complete application, its service standards are 6 months for summary offences, 12 months for offences prosecuted by indictment, and up to 24 months if it proposes to refuse.
In 2025–26, the Board met its 6-month standard 78.2% of the time and its 12-month standard 46.1% of the time, against a 95% target. If you have a deadline for work or school, allow time for document collection as well as the Board’s review.
Can You Apply for a Pardon Yourself?
Yes, you can apply for a pardon yourself. The Board’s free application guide lists the forms you’ll need. You can also call the Board at 1-800-874-2652. The Parole Board of Canada says, “You do not need to use a lawyer or third-party company.” Hiring a lawyer or application company does not give your file priority or guarantee a result. A lawyer can help you spot missing records and explain issues the Board may need you to address.
You may want legal help if:
- you have convictions from more than one court
- your first offence happened before 13 March 2012
- you need the Schedule 1 exception
- court records are missing or don’t show how the Crown proceeded
- the Board has returned your application or proposes to refuse it
- your immigration status is at stake
With a single summary conviction and complete court records, you may be able to manage the application on your own.
What a Record Suspension Changes and What It Doesn't
A record suspension sets your federal conviction record aside. The conviction generally won’t appear on a routine CPIC check, but it still exists.
Here’s what changes:
- The conviction no longer appears on most criminal record checks.
- In Ontario, the Human Rights Code protects against employment discrimination based on a pardoned federal conviction. The Code still uses the word pardon, which predates the 2012 switch to record suspensions, but the Ontario Human Rights Commission reads it to include a record suspension that is in effect.
An employer relying on the record must show that its requirement is reasonable, made in good faith and connected to the job.
- Under the Canadian Human Rights Act, federally regulated employers and services, including banks, airlines and the federal government, generally cannot discriminate against you because of a pardoned or suspended conviction. The Act allows limited exceptions, such as a genuine occupational requirement.
Here’s what doesn’t:
- Entry to the United States. The Government of Canada’s travel advice says a Canadian pardon or record suspension doesn’t guarantee US entry. US law does not recognize a Canadian pardon for admission, so check the entry requirements before you travel.
- Vulnerable sector checks. Certain suspended convictions listed in Schedule 2 are flagged. For an eligible position of trust or authority, disclosure to the requesting organization requires ministerial authorization and your written consent.
- Orders still in force, including driving and weapons prohibitions, federal sex-offender registration orders and section 161 orders. A record suspension may allow you to ask a court to end a federal registration order.
- Local police and court records, although most agencies restrict access once they’re told about the record suspension.
Our page on travelling to the US with a criminal record covers US entry in detail.
Potential Immigration Consequences
If you aren’t a Canadian citizen, getting a suspension may affect how Canadian immigration law treats a conviction. Section 36(3)(b) of the Immigration and Refugee Protection Act says criminal inadmissibility under section 36 can’t be based on a conviction with a record suspension that hasn’t been revoked or ceased to have effect.
A pending application doesn’t have the effect of a granted suspension, and other grounds of inadmissibility may still apply. Get advice about your immigration status before you travel. We handle the criminal record side. An immigration lawyer can advise you on your status.
Can a Record Suspension Be Revoked?
Yes. The Board may revoke a record suspension after certain later federal summary convictions or if evidence shows you’re no longer of good conduct. The good-conduct ground doesn’t apply to a suspension granted only for qualifying simple cannabis possession. It may also revoke one if you knowingly made a false or deceptive statement, or hid important information, in your application. Section 7.1 of the Criminal Records Act requires the Board to tell you in writing first and give you a chance to respond.
A record suspension ends automatically after a later conviction for an offence prosecuted by indictment. It also ends after a conviction for certain hybrid offences listed in section 7.2(a)(ii), even if the Crown proceeds summarily. A hybrid offence is one the Crown can prosecute either summarily or by indictment.
Basic impaired driving under section 320.14(1) and refusal under section 320.15(1) are exceptions to that hybrid-offence rule. If prosecuted summarily, they can still lead the Board to revoke the suspension. The Board can also end a record suspension if new information shows you weren’t eligible.
Once a record suspension is revoked or ends, the conviction goes back into CPIC.
When You Have More Than One Conviction
List all your convictions in one application, including any missing from your RCMP record. Request a completed Court Information Form from each sentencing court.
For most records, the waiting period starts after you finish serving all applicable sentences. If your first offence was on or after 13 March 2012, the ordinary wait is 10 years if any qualifying offence was prosecuted by indictment. The Board excludes a documented conviction for simple possession of cannabis when calculating the wait for a mixed record. A new federal conviction that counts under section 4.1 generally restarts the wait once you’ve completed all applicable sentences.
The date of your first offence also decides which rules apply to the whole record, including the bars in “Who Can’t Get a Record Suspension?”.
Your lawyer can map every conviction, court and sentence end date before you apply, so the application uses the right wait.
More than one conviction?
Speak with a lawyer about your whole record. Free case evaluation.
What Our Clients Say About Us
Speak With a Toronto Pardon Lawyer
A record suspension application starts with identifying the waiting period and gathering the documents for your record. If the Board returns yours, check what it needs before paying for fresh documents. You may still be able to use checks that haven’t expired.
At Pyzer Criminal Lawyers, we offer a free, no-obligation case evaluation. We help clients across the GTA and Ontario, and you can ask about your options if the Board has returned your application or proposed a refusal.
Call (416) 658-1818 or request a free case evaluation.
Frequently Asked Questions
How hard is it to get a record suspension?
The Board first screens your application for eligibility and completeness. If it accepts the application, it then considers whether you meet the legal test. In 2025–26, the Parole Board of Canada ordered 2,875 record suspensions and refused 73, excluding cannabis-only applications. Under the older rules, it granted or issued 10,172 pardons and denied 268. These decision totals exclude applications returned at screening. The totals include applications filed in earlier years, so they can’t predict your result. Tell your lawyer about every conviction, even old ones.
Can I get a record suspension for a DUI?
An impaired driving conviction can qualify. The Board considers the offence dates, how the Crown prosecuted the charges, and the rest of your record. For a first offence on or after 13 March 2012, the wait is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment. For earlier first offences, check the table above. Under the 2010–12 rules, certain serious personal injury offences carry a 10-year wait. Your driving prohibition doesn’t need to have ended before the wait starts, and a record suspension won’t lift it.
When should I start gathering documents?
You can start by confirming your offence and sentence dates. If your fingerprints match a record, the RCMP lists 120 business days for its check, and some checks take longer. Leave time for court records, but order time-limited checks closer to filing. Local police checks and the Board’s consent form are valid for 12 months, so documents gathered too soon can expire before you file. Before filing, check when each police check was issued and when you signed the consent form.
Can a record suspension be sped up for a job offer?
No. The Parole Board of Canada treats all applications the same way, and its 6-month and 12-month service standards start only after it accepts a complete application. The Board applies the same processing timelines to online and mailed applications. If you have a written offer, you can ask the employer whether it will extend the deadline or accept proof that you’ve applied. No one can promise a decision by a set date.
Does a record suspension destroy my fingerprints and photos?
No. A record suspension keeps your conviction separate, but it doesn’t destroy the records. The Toronto Police Service’s fingerprint and photograph destruction process covers charges that didn’t end in a conviction, like a withdrawal or an acquittal. Toronto Police considers your age at the time of the incident, any convictions or outstanding charges, and the offence alleged. It also applies to waiting periods, including one year after a stay. Destruction isn’t automatic. Ask the police service that took your fingerprints about destruction. If you also have a conviction, check separately whether a record suspension is appropriate.





