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What Are the Limitations of a Record Suspension?
A Record Suspension Does Not Eliminate Discrimination in all Cases. Here is a List of Some Limitations:
- A Record Suspension (or Pardon) may not be recognized by a foreign country and may not guarantee that you will be granted entry privileges.
- A suspended record does not erase the fact that you were convicted of an offence.
- A Record Suspension does not return to you driving privileges or the ability to possess a firearm (if prohibited from having a Driver’s Licence or firearm).
- Courts and Police Services (excluding RCMP) are governed by provincial and municipal legislation. Though they are not obligated to keep pardoned and suspended files separate from other convictions, most will.
- If other persons, agencies or foreign countries have details of your criminal record, they will not be asked or required to remove it. A separate request may be required to have local police purge criminal-related information, including arrest records.
- The police have the authority to retrieve suspended sex offences during employment and volunteer pre-screening involving work in the vulnerable sector. If a civil search or search of a pardoned or suspended record results in the finding of a sex offence, a police clearance certificate will not be issued and employment or volunteering will not be allowed with the vulnerable sector.
- A Record Suspension will most likely be revoked if you re-offend. Further, if you are facing charges before court, a suspended record can be opened and presented before the courts as prior offences can affect the outcome of sentencing.
- If your court case was published on the internet, it may not be removed without a court order.