Can a Criminal Record Be Expunged in Ontario?

Having a criminal record in Ontario can have long-lasting effects on your life. It can impact your ability to find employment, travel, and even obtain housing. If you’re wondering, “Can a criminal record be expunged in Ontario?”, this detailed guide will provide you with the information you need to understand the legal process, options for clearing your record, and how to navigate the system to potentially have your record sealed or erased.

What is a Criminal Record?

A criminal record is a formal record of an individual’s criminal convictions. It can include charges, convictions, and sentencing details. This record is maintained by law enforcement and can be accessed by employers, government agencies, and other institutions for background checks.

In Ontario, a criminal record can result from a conviction for any type of crime, ranging from minor offences like theft or vandalism to more serious crimes such as assault or fraud. The presence of a criminal record can have a serious impact on various aspects of your life, including:

• Employment: Many employers require background checks as part of the hiring process, and a criminal record can disqualify you from certain jobs.
• Housing: Landlords may conduct background checks, and a criminal record can make it difficult to find rental housing.
• Travel: A criminal record can affect your ability to travel internationally, particularly to countries like the United States.
• Immigration Status: For non-citizens, a criminal record can lead to deportation or the denial of immigration applications.

Given these consequences, many individuals seek to clear their criminal record to restore their reputation and improve their opportunities.

Can a Criminal Record Be Expunged in Ontario?

In Ontario, the term “expungement” is not commonly used in the same way it is in the United States. Instead, the process of clearing a criminal record in Canada is referred to as a record suspension (formerly known as a pardon). While “expungement” implies that a record is completely erased, a record suspension seals your criminal record, making it inaccessible during background checks and removing it from the Canadian Police Information Centre (CPIC) database.

However, there is a specific legal process called expungement in Canada, but it applies only in rare cases where certain historical convictions were unjust, such as convictions for actions that are no longer considered criminal, like same-sex relations or other discriminatory laws.

For most individuals in Ontario seeking to clear their criminal record, applying for a record suspension is the most common pathway. Below, we’ll explore both processes—record suspension and expungement—and provide guidance on how you can apply for them.

What is a Record Suspension?

A record suspension allows individuals who have been convicted of a criminal offence to have their record sealed. While the conviction is not erased, the record suspension prevents most employers, landlords, and other parties from seeing the conviction during a background check. Essentially, it gives you a clean slate for most purposes, although the criminal record still exists in a sealed form and can be accessed by the government in exceptional circumstances.

Who is Eligible for a Record Suspension?

To be eligible for a record suspension, you must meet the following criteria:

1. Completion of Your Sentence: You must have fully completed all aspects of your sentence, including fines, probation, and community service. This also includes paying any restitution or compensation to victims.
2. Waiting Period: There is a mandatory waiting period after the completion of your sentence before you can apply for a record suspension. The waiting period varies depending on the type of offence:
   • Summary Offences: 5 years after completing your sentence.
   • Indictable Offences: 10 years after completing your sentence.
3. Good Conduct: During the waiting period, you must demonstrate good conduct, meaning you must not commit any further criminal offences. If you are charged with or convicted of a new crime, you will have to wait longer to apply for a record suspension.

How to Apply for a Record Suspension

The process for applying for a record suspension in Ontario involves several steps:

1. Obtain Your Criminal Record: You will need to request your criminal record from the Royal Canadian Mounted Police (RCMP) or local law enforcement. This is the first step in understanding the full extent of the charges and convictions that appear on your record.
2. Gather Court Documents: You must obtain court documents related to your conviction, including sentencing information and proof of payment of fines or restitution.
3. Submit a Local Police Records Check: You will also need to submit a local police records check from the jurisdiction in which you currently live to ensure that no additional charges or offences have been recorded.
4. Complete the Record Suspension Application: The application must be completed in full, including providing detailed information about your convictions, sentencing, and post-conviction behaviour.
5. Submit the Application to the Parole Board of Canada (PBC): Once your application is complete, you submit it to the Parole Board of Canada, which will review your case and determine whether a record suspension is appropriate.
6. Pay the Application Fee: There is a fee associated with submitting an application for a record suspension, which as of the time of writing this article, is $657.77. This fee is non-refundable, regardless of the outcome of your application.

The Parole Board of Canada reviews each application on a case-by-case basis, taking into consideration the severity of the offence, the time elapsed since the conviction, and the applicant’s behaviour since completing their sentence.

Can a Record Suspension Be Denied?

Yes, a record suspension can be denied if the Parole Board of Canada believes that the individual has not demonstrated sufficient rehabilitation or if the conviction is for a serious offence. Offences that may prevent you from obtaining a record suspension include:

• Sexual Offences Involving a Minor: Individuals convicted of sexual offences against minors are generally ineligible for a record suspension.
• Serious Violent Offences: Convictions for serious violent crimes, such as murder, may make it difficult to obtain a record suspension.

If your application is denied, you may have the opportunity to appeal the decision or reapply after additional time has passed.

What is Expungement?

Expungement in Canada is rare and applies only to individuals convicted of offences that are no longer considered crimes under Canadian law. The expungement process completely erases the criminal record, as if the conviction never occurred. The most notable example of expungement involves convictions related to LGBTQ+ discrimination, such as convictions for same-sex relations prior to its decriminalization.

To apply for expungement, an individual must meet specific criteria set by the government, and the process is handled by the Parole Board of Canada.

The Importance of Clearing Your Criminal Record

Clearing your criminal record through a record suspension or expungement can open up many opportunities. The benefits of having your record cleared include:

• Improved Employment Opportunities: With a clean record, you will no longer face barriers to employment in industries that require background checks.
• Freedom to Travel: Clearing your criminal record can restore your ability to travel internationally without restrictions.
• Enhanced Reputation: Removing a criminal record can improve your social and professional reputation, allowing you to move forward with your life without the stigma of a conviction.

How De Boyrie Law Can Help

Navigating the process of clearing a criminal record in Ontario can be complex and time-consuming. At De Boyrie Law, our experienced criminal defence team can guide you through the process, ensuring that all necessary documents are gathered, your application is correctly completed, and your case is presented in the best possible light.

Schedule a Free Consultation with De Boyrie Law

If you have a criminal record and are looking to clear it through a record suspension or expungement, don’t hesitate to seek legal advice. Contact De Boyrie Law today to schedule a free, confidential consultation. We will review your case, explain your legal options, and help you take the necessary steps to move forward with your life. Don’t let a criminal record hold you back—reach out to us today to protect your future.