Hướng dẫn cách xóa án tích ở Canada: Hướng dẫn tạm đình chỉ hồ sơ

The Legal Reality of Removing a Criminal Record in Canada

Đến Xóa án tích ở Canada following an adult conviction, the statutory path is not physical destruction of the police file, but obtaining a formal record suspension from the Parole Board of Canada (PBC). Under federal legislation, an adult conviction remains permanent unless ordered suspended by the Board; however, distinct statutory frameworks govern absolute and conditional discharges, dismissed charges, youth records, and historically unjust convictions.

The core governing statute is the Đạo luật Hồ sơ Tội phạm, RSC 1985, c C-47 [CRA]. A record suspension does not rewrite history by asserting an individual was innocent; instead, it shields the conviction by requiring the record to be stored separately and apart from active criminal databases, mitigating public visibility for employment and civil participation. The legal team at Công Ty Luật Pax navigates these statutory standards to ensure every file meets the rigid criteria mandated by federal authorities.

Eligibility and Waiting Periods Under Section 4(1) of the Criminal Records Act

An individual is ineligible to apply for a record suspension until a specified statutory timeline elapses following the completion of their sentence. Under subsection 4(1) of the CRA, this timeline is measured from the expiration according to law of any sentence imposed for an offence, including imprisonment, probation orders, and full payment of any restitution, fine, or surcharge.

The statute sets out two primary categories for waiting periods:

• Indictable Offences: A waiting period of 10 năm applies if the offence was prosecuted by indictment, or was a service offence under the Đạo luật Quốc phòng carrying detention exceeding six months, dismissal from the service, a fine exceeding $5,000, or imprisonment exceeding six months (CRA, s 4(1)(a)).
• Summary Offences: A waiting period of 5 năm applies if the offence was punishable on summary conviction, or constituted a service offence not captured by the parameters of paragraph 4(1)(a) (CRA, s 4(1)(b)).

Crucially, subsection 4.3 of the CRA clarifies that for calculating the expiration of a sentence of imprisonment, statutory release dates or remission periods are not credited to advance the completion date. The clock commences only when the sentence has expired according to law. In matters involving hybrid offences, consulting a luật sư hình sự tại Canada is critical to verify how the Crown elected to prosecute the charge, as this election dictates whether the five-year or ten-year period controls the file.

Strict Ineligibility Criteria and Exceptions Under Subsections 4(2)–(3)

Merely waiting five or ten years does not confer eligibility. Subsections 4(2) and 4(3) of the CRA establish absolute statutory disqualifications for certain categories of offenders.

Under subsection 4(2), a person is categorically ineligible to apply for a record suspension if they have been convicted of:

1. An offence listed in Lịch trình 1 of the CRA (generally comprising sexual offences against children); or
2. More than three offences each of which either was prosecuted by indictment or was a service offence carrying a maximum penalty of life imprisonment, and for each of which the applicant received a sentence of imprisonment for two years or more.

The statute provides an extremely narrow exception for individuals convicted of an offence referred to in Schedule 1. Under subsection 4(3), the Board may only consider an application if the applicant satisfies all three statutory conditions:

• The applicant was not in a position of trust or authority towards the victim, and the victim was not in a relationship of dependency with the applicant;
• The applicant did not use, attempt to use, or threaten to use violence, intimidation, or coercion against the victim; and
• The applicant was less than five years older than the victim at the time of the offence.

Parole Board Assessment: Indictment Criteria and Board Inquiries

Fulfilling the requisite waiting period without a statutory bar allows an individual to apply; it does not mandate an approval. Subsection 4.1(1) of the CRA provides the discretionary standard applied by the Parole Board of Canada.

In all cases, the Board must be satisfied that the applicant has maintained hạnh kiểm tốt throughout the applicable statutory period and has not sustained any new convictions under an Act of Parliament (CRA, s 4.1(1)(a)).

For indictable offences under paragraph 4(1)(a), the Board undertakes an inquiry requiring proof that granting the suspension:

• Would provide a lợi ích có thể đo lường được to the applicant;
• Would sustain their rehabilitation in society as a law-abiding citizen; and
• Would not bring the administration of justice into disrepute (CRA, s 4.1(1)(b)).

Should the Board propose to refuse an application, subsections 4.2(2) through 4.2(4) of the CRA dictate that the applicant must be notified in writing and given an opportunity to make representations. If an application is formally rejected after consideration of those representations, the applicant is prohibited from submitting a subsequent application for a period of one year.

Application Costs and the Schedule 3 Cannabis Exception

The processing fee for a record suspension is governed by the Pardon Services Fees Order, SOR/2021-234. Under section 2 of the Fee Order, any individual applying to the Parole Board of Canada for a record suspension must pay a fee of $50 payable to the Receiver General for Canada.

A vital statutory exception exists under subsections 4(3.1), 4(3.3), and 4.1(1.1) of the CRA. Persons convicted exclusively of specific historical cannabis possession offences categorized strictly within Lịch trình 3 of the CRA are exempt from both the $50 filing fee and the standard waiting periods. However, this statutory relief is strictly confined: it applies only to simple possession convictions specified in Schedule 3 and does not extend across all historical cannabis-related offences.

Legal Effect: Separation of Records vs. Absolute Destruction

One of the most frequent misconceptions in Canadian criminal procedure is that a record suspension completely erases or deletes a criminal history. It does not.

Under section 2.3(b) of the CRA, an active record suspension mandates that the judicial record of conviction be kept separate and apart from active criminal records, thereby lifting most federal statutory disqualifications. Nevertheless, Parliament preserves distinct exceptions where the record or conviction-related disabilities continue to operate, including:

• Weapons prohibitions and orders under sections 109, 110, 161, 320.24, 490.012, 490.019, or 490.02901 of the Bộ luật hình sự;
• Historical driving prohibitions under former section 259 of the Bộ luật hình sự;
• Designated military orders under section 147.1(1) or sections 227.01 or 227.06 of the Đạo luật Quốc phòng; Và
• Provisions under section 36.1 of the International Transfer of Offenders Act.

Furthermore, under section 6.3 of the CRA, if a suspended conviction falls within Lịch trình 2, the record may still be disclosed in response to a vulnerable sector screening if an applicant seeks a position of trust or authority over children or vulnerable persons. Such disclosure cannot occur automatically; subsection 6.3(2) mandates the prior written consent of the applicant.

Non-Conviction Dispositions, Discharges, and Youth Records

Where an individual avoided an adult conviction altogether, the process to remove a criminal record in Canada follows independent administrative and statutory mechanisms rather than a PBC record suspension.

Discharges Under the Criminal Code

Theo điều 730(3) của Bộ luật hình sự, RSC 1985, c C-46, an individual who receives an absolute or conditional discharge is deemed in law not to have been convicted of the offence (subject to appeal rights and pleas of autrefois convict). Under section 6.1 of the CRA, federal custody records concerning discharges are subject to strict non-disclosure:

• Absolute Discharge: Kept separate after một năm following the discharge order;
• Conditional Discharge: Kept separate after ba năm following the discharge order.

Following these elapsed timeframes, the Royal Canadian Mounted Police (RCMP) removes the discharge notation from active dissemination on the Canadian Police Information Centre (CPIC) system, barring prior ministerial approval.

Hồ sơ thanh niên

For offences adjudicated during adolescence, the Đạo luật Tư pháp Hình sự Thanh niên, SC 2002, c 1 [YCJA] governs access rather than the CRA suspension apparatus. Under subsection 119(2) of the YCJA, the access period during which youth records may be accessed is:

• 3 năm after completion of sentence for summary offences (YCJA, s 119(2)(g)); or
• 5 năm after completion of sentence for indictable offences (YCJA, s 119(2)(h)).

Once the applicable period expires under sections 124 and 128(1) of the YCJA, records are sealed from general identification, subject to narrow statutory exceptions (such as access by the youth and their counsel).

Permanent Removal: The Expungement of Historically Unjust Convictions Act

The only framework under Canadian federal law that provides for the complete legal and physical destruction of a conviction is the Expungement of Historically Unjust Convictions Act, SC 2018, c 11 [Expungement Act].

This path is not open to general criminal convictions. Under section 3 of the Expungement Act, the Parole Board is empowered to order expungement exclusively for historical convictions that are listed in the schedule of that Act—offences historically criminalizing consensual same-sex conduct that would be lawful today. If ordered under section 5 of the Expungement Act, the person is deemed never to have been convicted of the offence, and all corresponding federal judicial records are entirely destroyed, rather than merely set apart.

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