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A criminal record occurs when someone is found guilty of committing one or more criminal offences under the Criminal Code of Canada. Once you have a criminal record, your information, such as your identity, charges, convictions, and fingerprints, are registered by the Royal Canadian Mounted Police (RCMP).

With our help you can have your criminal record suspended and get your life back. 

The impact of a criminal record:

• Prevents you from traveling south of the border
• Prevents you from getting jobs due to criminal record checks 
• May prevent you from finding a place to live
• Can prevent you from being licensed in a profession 
• Prevents you from acquiring student aid
• Can prevent you from volunteering for most community-based organizations 
• If you are not a Canadian citizen, may lead to automatic deportation

A Canadian Record Suspension, formerly known as a Pardon, will seal your criminal record in Canada. At Matlow, Miller, Cummins, Thrasher LLP, we can help you move forward with your life by receiving a Record Suspension and leaving your criminal record behind. The ten application stages must be completed perfectly and precisely. If there are any mistakes, you will be rejected and not be permitted to apply again for another year. To ensure your application process is completed accurately and successfully the first time, contact us. The record suspension will clear your record and seal your fingerprints from being further used by the police in investigations.  Trust us to professionally navigate this difficult process.

PLEASE NOTE: record suspensions are not recognized in the United States. You will have to inquire for a I-192 U.S. Waiver. Obtaining a U.S. Waiver for entry into the United States are time consuming and lengthy.  Approval by the U.S. depends on the nature of the conviction.

You may apply for a Record Suspension if:

• If you were convicted of an offence in Canada under a federal act or regulation of Canada as an adult
• You have completed your sentence, which includes:
  • All fines, surcharges, costs, restitution, and compensation orders
  • All sentences of imprisonment, conditional sentences, including parole and statutory release
  • Any probation order(s)
• You have completed the appropriate waiting period
  • Your waiting period depends on the type of offence you were convicted of, when you committed this offence, and when your sentences were completed.

NOTE: Sex offences are dealt with differently and require an exemption request. Sex offences involving minors or if you have obtained three or more indictable convictions which could attract a jail sentence of two years or more are not eligible for a record suspension.

PLEASE NOTE THAT: Weapon or driving prohibition orders do not need to be completed before the waiting period begins

Waiting periods: the waiting period starts after you have completed all of your sentence

• Before June 28, 2010
  • 5 years – for an offence prosecuted by indictment
  • 3 years – for an offence punishable on summary conviction
• Between June 29, 2010, and March 12, 2012
  • 10 years — Serious personal injury offence (within the meaning of 752 of the Criminal Code); including manslaughter; an offence for which you were sentenced to a prison term of 2 years or more, and an offence referred to in Schedule 1 that was prosecuted by indictment.
  • 5 years — any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.
  • 3 years — an offence other than the ones mentioned above, that is punishable on summary conviction.
• On or after March 13, 2012
  • 10 years — an offence prosecuted by indictment.
  • 5 years — an offence that is punishable on summary conviction.

PLEASE NOTE: you do not need a record suspension, if you:

• Received an absolute discharge
  • The record will be removed one year after the date of conviction
• Have a conditional discharge
  • The record will be removed three years after the date of conviction 
• Were convicted in youth court or youth justice court
• Are applying for, or renewing a passport.

How long does a Record Suspension (Pardon) take?

A successful record suspension application involves 9-12 specific legal steps and must be completed accurately and in the correct order. With our help, we will ensure that the application is accurate, therefore enhancing your chance of receiving a record suspension. 

Applications seeking a record suspension for an offence or offences prosecuted summarily will be processed within six months of the application acceptance. Applications seeking a record suspension for an offence or offences prosecuted by indictment will be processed within 12 months of application acceptance. It often takes 4-6 months to prepare the application and 3-6 months for the government to process the completed applications.

We will provide you with the contact information for the agencies who will assist you with the electronic fingerprint submission to the R.C.M.P. which is required to begin your application. We will also provide the forms for the police records check(s) which will be required from each jurisdiction you have resided in for the last five years and, if you have been a member of the Canadian military, a your military conduct record will also have to be obtained. Please get in touch with us to inquire about a record suspension, and we will assist you through the process.

Cannabis Record Suspensions

If you only have a conviction for simple possession of Cannabis, you may be eligible for the streamlined Cannabis Record Suspension Application process.

You can apply for a cannabis record suspension if you were convicted in Canada as an adult of simple possession of cannabis. Convictions for simple possession of cannabis are the only eligible convictions under this process. Simple possession is a charge for possession of a controlled substance, in this case cannabis, for personal use (i.e., with no intent to traffic).

You can apply even if you are not a Canadian citizen or a resident of Canada so long as you only have a record of conviction(s) for simple possession of cannabis in Canada.

You can apply if you have unpaid fines or victim surcharges related to the cannabis conviction(s), but you must have completed the other parts of your sentence (e.g., probation order).

Contact us for further information of both Record Suspensions and Cannabis Record Suspensions.