Overview: Record Expungement in Canada

Having a criminal past can have far-reaching implications on your travel, ability to secure employment and housing. It can also hinder other applications like custody and credit. However, this doesn’t have to be the case.

In Canada, you can have your criminal record expunged (record destruction). Let’s define the term before answering other important questions including how to get your record expunged in Canada.

What is Expungement?

Record expungement (or record destruction) is a process that ensures all records linked to your arrest in the past i.e., fingerprints, photos, police, and court records are destroyed and removed from the Canadian Police Information Centre database.

Benefits of Record Expungement in Canada 

If you are arrested in Canada and charged, this information is treated as public records even if you weren’t convicted. The record can show up in background checks done in many instances. Since such records aren’t automatically erased or sealed, you must do something to start over with a clean slate.

Pardon vs. Expungement Canada

You may be wondering how record expungement differs from record suspension (pardon). Well, the expunge vs pardon difference is best explored in the outcome, the underlying offence, and the waiting period.

  • Outcome: In an expungement, the record is destroyed, while in a pardon the records are just sealed. As a result, a pardon seals records from being publicly available. Also, most employers among other parties that do criminal record checks won’t see them. However, records won’t be erased entirely. For expungement, the records are removed completely from federal records/databases.
  • Underlying offence: Another difference lies in the criminal charge. As per the Expungement Act, expungement is only possible for specific offences while pardons apply to a wide range of crimes. Consult a record expungement expert in Canada to see if your offence qualifies.
  • Waiting period: Generally, it takes longer to be able to apply for a record suspension (pardon). The waiting period for record expungement is normally shorter: three years after completing a sentence for a summary offence (misdemeanor offense) vs five years for pardons for summary offences.

How Long Does It Take to Expunge a Record?

As mentioned, expungements generally take less time than pardons. The exact period of time is dictated by several factors the most notable being the complexity of your case, the PBC’s workload, and if you have expert help.

  • Case complexity: Straightforward applications that have all the necessary documents are likely to proceed faster than cases requiring complex documentation.
  • PBC workload: The PBC (Parole Board of Canada) may also take longer if they have many applications.
  • Expert help: If you decide to use reputable expungement experts in Canada, you can expect to have your records expunged faster than when handling the criminal record expungement process on your own. This is because experts know the precise time you can apply, and they have experience in all that it takes beyond filing application forms. Their adherence to the strict requirements of law enforcement agencies reduces the chances of failed applications. We suggest you use an expert to expedite the process and have your records expunged.

How to Get a Record Expunged in Canada

Generally speaking, expungement is a 4-step process summarised below:

Step 1: Eligibility Requirements Check

You should begin by checking if the underlying offence qualifies for a record expungement. The list of offences is available under the Expungement Act.

Step 2: Documentation

If you meet the eligibility for expungement based on offence, you should gather the required documentation i.e., proof of identity, and criminal record (including the specific criminal conviction you wish to have expunged). A copy of your criminal record can be obtained from the RCMP.

You’ll also need other documentation, like a sworn statement, explaining why you want your records expunged.

Important: It helps to seek expert help to ensure you give a convincing reason why you are seeking expungement otherwise your application can be declined.

Step 3: Completing And Submitting Application

The expungement application can be found on the PBC website. You must fill it out correctly and completely. The application should then be submitted alongside supporting documentation.

Step 4: Application Processing and Decision (Expungement Hearing)

After submitting your application, the PBC will review it and decide.

It’s worth noting that the above process is oversimplified. While you can do everything yourself, you can increase your chances of success and avoid a failed application by seeking expert help. Consider experts like Canadian Pardon Application Services with over 575,000 successful applications in Canada since 1975.

DUI Expunged in Canada

You may be wondering if specific criminal offences like DUIs can be expunged. Well, the answer is no. Under current legislation, DUIs are considered serious offences that can’t be expunged. As per the Expungement Act, only specific offences that aren’t considered crimes today qualify. However, you can have your DUI record sealed (record suspension or pardon).

How Long After a Conviction Can It Be Expunged?

Generally, you must comply with the terms of your sentence and demonstrate you have become a law-abiding citizen for a prescribed period (usually 5 years after a conviction for summary judgment DUI, 10 years for an indictable DUI offence) for a pardon to be granted.

How Much Does It Cost to Get A DUI Expunged

As mentioned, you can’t expunge a DUI but you can seal DUI records. As far as the cost of expungement is concerned, there are no application fees for getting an expungement order for eligible offences. However, you are supposed to pay for other related costs needed to petition for expungement i.e. the cost of acquiring the necessary expungement paperwork.

Final Thoughts: Criminal Record Expunged in Canada

You now know what expungement of criminal records is and why you should care. Our comprehensive guide also summarises how to expunge criminal records in Canada. While it’s possible to handle the process on your own, you need more information. You are also bound to save time, and effort and get approved by using experts.

Canadian Pardon Application Services is one such expungement service in Canada with 575,000+ successful applications approved. The company has processed 1.2 million+ pardon and U.S. entry waiver inquiries since being established.

Request for a FREE consultation by filling out this form or calling 1-888-853-8189. Remove all restrictions of a criminal record guided by administrative and legal process experts on matters expungement, pardons, and U.S. entry waiver. Experts at Canadian Pardon Application Services have close working relationships with the PBC, RCMP, and other crucial organisations.