Pardoned Editorial

Expungement vs. record suspension: they are not the same thing.

People often use "expungement" and "pardon" as if they mean the same thing. In Canadian law they are two different processes, governed by two different statutes, with very different reach — and mixing them up can cost you time or money.

Expungement: permanent destruction, narrow eligibility

Expungement is governed by the Expungement of Historically Unjust Convictions Act. When a conviction is expunged, it is treated as though it never happened — the records are permanently destroyed.

The catch is that expungement is available only for a short, specific list of historically unjust convictions — offences that would not be crimes today, such as certain past convictions for consensual same-sex activity. It is not a general remedy, and it is free.

Record suspension: sets the record aside, broadly available

A record suspension (formerly called a pardon) is governed by the Criminal Records Act. It does not destroy your record. Instead, it keeps your record of conviction separate from other criminal records, so it does not appear on a routine criminal record check for employment or volunteering.

It applies to the great majority of ordinary convictions, subject to wait periods and some permanent disqualifiers. The government filing fee is C$50, plus preparation.

Which one do you need?

Your situationProcessCost
Conviction is on the historically-unjust listExpungementFree
Ordinary conviction, wait period metRecord suspensionC$50 gov fee + prep
Only outcome was a dischargeUsually neither needed

The honest route-out

If your conviction qualifies for expungement, use the free government process — there is no reason to pay anyone. If it does not, a record suspension is very likely your route, and our free eligibility check will compute your earliest eligible date. Either way, we would rather send you to the free option than sell you the wrong one.

Check your eligibility

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