Why Do Record Suspensions Exist?

Many Canadians assume a criminal record is a lifelong punishment. While a criminal conviction is intended to hold someone accountable for their actions, Canada’s justice system has long recognized another important principle: people can change.

That belief is the foundation of Canada’s Record Suspension program.

Parliament created the Criminal Records Act to encourage rehabilitation, reduce unnecessary barriers to employment and community participation, and help individuals who have demonstrated they are law-abiding citizens become productive members of society once again.

A Record Suspension is not about pretending an offence never happened. It is about recognizing that someone has accepted responsibility, completed their sentence, and remained crime-free for many years. It acknowledges that one mistake should not necessarily define the rest of a person’s life.

The Origins of the Criminal Records Act

Canada’s Criminal Records Act came into force in 1970, establishing what was then known as the Canadian Pardon Program.

Prior to the introduction of the Act, individuals with criminal convictions had very few options for overcoming the long-term consequences of a criminal record. Even after serving their sentence and rebuilding their lives, many continued to face barriers to employment, education, volunteering, travel, housing, and professional licensing.

Parliament recognized that these ongoing barriers often made successful rehabilitation more difficult.

The Criminal Records Act was designed to provide deserving individuals with a second chance—provided they demonstrated that they had turned their lives around and remained crime-free for a prescribed waiting period.

The legislation reflected an important belief: encouraging rehabilitation ultimately benefits everyone.

Canada’s Justice System Balances Accountability and Rehabilitation

Canada’s criminal justice system has never been based solely on punishment.

Instead, it seeks to balance several important objectives, including:

• Holding offenders accountable
• Protecting public safety
• Deterring future crime
• Supporting rehabilitation
• Encouraging successful reintegration into society

When someone completes their sentence—including any fines, probation, imprisonment, or restitution—they have fulfilled the punishment ordered by the court.

A Record Suspension recognizes what happens afterward.

If an individual demonstrates years of responsible, law-abiding behaviour, Parliament determined there should be a process that allows them to move forward without an old criminal record continuing to create unnecessary barriers.

From Pardons to Record Suspensions

For many years, Canadians referred to the program simply as receiving a Pardon.

In 2012, the federal government amended the Criminal Records Act and officially changed the terminology from Pardon to Record Suspension.

Although the name changed, the fundamental purpose remained largely the same.

The change was intended to better reflect what actually happens.

A Record Suspension does not erase or destroy a criminal record. Instead, it requires the Royal Canadian Mounted Police (RCMP) to keep the record separate and apart from active criminal records in the Canadian Police Information Centre (CPIC), provided the Record Suspension remains in effect.

Today, many Canadians still use the word “Pardon,” while the official legal term is Record Suspension.

The Criminal Records Act: Why the  First Offence Date Matters

The version of the Criminal Records Act that applies to your application depends on when you committed your first offence, not when you committed your offence or apply. Following a 2020 Federal Court decision P.H. v. Canada (Attorney General), 2020 FC 393 (CanLII), the Parole Board of Canada processes applications using the version of the law that was in effect at the time of the applicant’s first offence. Individuals whose first offence occurred on or before March 12, 2012 apply for a Pardon, while those whose first offence occurred on or after March 13, 2012 apply for a Record Suspension. Although the names differ, both processes are designed to help eligible individuals move forward after demonstrating rehabilitation and living a law-abiding life.

Why Rehabilitation Benefits Everyone

Some people ask why society should allow someone with a criminal record to receive a Record Suspension.

The answer is straightforward.

Research consistently shows that stable employment, education, housing, and community involvement reduce the likelihood that someone will reoffend. When unnecessary barriers are removed, people are better able to support themselves, contribute to their communities, and build productive lives.

In other words, Record Suspensions benefit more than the individual applicant.

They also benefit:

• Employers who gain access to qualified workers
• Families who experience greater financial stability
• Communities that benefit from reduced recidivism
• The Canadian economy through increased workforce participation
• Society as a whole through successful rehabilitation

The Criminal Records Act recognizes that helping rehabilitated individuals move forward strengthens communities and enhances public safety.

What Happens After a Record Suspension Is Granted?

Once a Record Suspension has been granted, the criminal record is kept separate from active criminal records maintained by the RCMP.

For most routine criminal record checks, the result will indicate “No Record.”

This can significantly reduce barriers when applying for employment, volunteering, education, housing, or professional licensing.

However, there are limited exceptions.

Under the Criminal Records Act, certain sexual offence convictions may be disclosed during a Vulnerable Sector Check if an individual applies for specific positions involving vulnerable persons, such as children, seniors, or individuals with disabilities. These disclosures occur only under circumstances authorized by law.

For the vast majority of routine criminal record checks, a properly granted Record Suspension prevents the suspended record from being disclosed.

Why Many Canadians Wait Too Long to Apply?

One of the most common things we hear from clients is:

“I wish I had done this years ago.”

Many people assume their criminal record no longer affects them because they have been employed for years or have not encountered any obvious problems.

Unfortunately, the impact often becomes apparent only when an opportunity arises.

Perhaps they want to:

• apply for a promotion,
• change careers,
• volunteer with their child’s school,
• obtain a professional licence,
• return to college,
• become self-employed,
• or simply move forward without worrying about their past.

By that point, they may have been eligible for a Record Suspension for many years.

Applying sooner often means enjoying the benefits sooner.

A Record Suspension Is About the Future

A Record Suspension is recognition that someone has accepted responsibility, completed every part of their sentence, and demonstrated through years of good conduct that they have earned another opportunity.

Parliament created the Criminal Records Act because it recognized that rehabilitation serves both the individual and society.

People should not be judged forever by the worst decision they ever made if they have proven, through their actions, that they have changed.

For thousands of Canadians each year, a Record Suspension represents more than a legal process—it represents the opportunity to move forward with confidence, pursue new opportunities, and leave unnecessary barriers behind.

In addition, foreign nationals who have been found inadmissible to Canada because of a Canadian criminal conviction may also apply for a Pardon or Record Suspension to help overcome that inadmissibility.