1. Check to see if you are eligible

The rules to get a sometimes change. When deciding your application, the Parole Board will use the rules that were in place when you committed your first .

You must serve your whole , including , before you can apply for a record suspension. This includes paying fines, except fines for cannabis possession convictions.

After you've served your sentence, you'll have to wait some more time before you can apply. The amount of time you have to wait depends on when you committed your offence and what the offence was:

Date of your first offence Waiting time after you've served your sentence
Before June 29, 2010
  • 5 years for an
  • 3 years for a summary conviction

 

Between June 29, 2010 and March 12, 2012
  • 10 years for a serious personal injury offence
  • 10 years if you were sentenced to 2 years or more in prison
  • 10 years if you were of sexual offences involving children that was
  • 5 years for any other indictable offence
  • 5 years for a summary conviction for sexual offences involving children
  • 3 years for any other summary conviction

 

After March 13, 2012
  • 10 years for an indictable offence
  • 5 years for a summary conviction offence.
  • You are not eligible if:
    • you were convicted of 3 or more indictable offences,
    • you were sentenced to 2 years or more for any conviction, or
    • you were convicted of a sexual offence against a child and don't qualify for an exception.

Convictions for cannabis possession don't count towards your waiting time. If the first offence you committed was possession of cannabis, your waiting time is calculated using the date that you committed your second offence.

Sexual assault offences against children

To get a record suspension for a sexual assault offence against a child after March 13, 2012, you must apply for an exception using this form. And you can only be approved for an exception if all these statements are true:

  • You were not in a position of trust or authority towards the victim of the offence and the victim was not dependent on you.
  • You did not use, threaten to use, or try to use violence, intimidation, or coercion in relation to the victim.
  • You were less than five years older than the victim.
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