The most common question we hear is simple: am I even eligible? The rules for a record suspension, formerly called a pardon, are set out in the Criminal Records Act and applied by the Parole Board of Canada (PBC). This guide explains who qualifies, the waiting periods, what counts as completing your sentence, who is excluded, and the edge cases that trip people up.
If you would rather not read and just want an answer, the free eligibility check walks you through it in about two minutes. For the full application walkthrough, see how to get a pardon in Canada.
The Quick Overview
At a high level, you are likely eligible if three things are true. You were convicted of an offence in Canada. Your full sentence is complete. And the required waiting period has passed since you finished that sentence.
If all three are true and your conviction is not on the short exclusion list below, you can almost certainly apply. Everything else is detail that affects how long you wait, not whether you qualify at all.
Waiting Periods Explained
The waiting period depends on how your offence was prosecuted. For summary convictions, the less serious category, the wait is five years. For indictable convictions, the more serious category, the wait is ten years. These periods are measured from the date you completed your sentence, not the date of the offence or the date of conviction.
Many offences in Canada are hybrid, meaning the Crown can choose to proceed either summarily or by indictment. Your RCMP record will not always make this clear. Only your certified court record confirms how the Crown proceeded, and that single fact can be the difference between a five-year and a ten-year wait.
What Counts as Completing Your Sentence
Your waiting period does not begin until every part of your sentence is finished. That includes any time served in custody, any period of probation, and full payment of all fines, restitution, and victim surcharges. It also includes the completion of any parole or conditional release.
This is the single most common reason people think they are eligible when they are not. An unpaid surcharge from years ago, even a small one, keeps the clock from starting. Before counting your waiting period, confirm with the courthouse that your balance is zero and your probation is formally closed.
Who Is Not Eligible
There are two main exclusions under the Criminal Records Act. First, a person convicted of a Schedule 1 offence, which covers sexual offences involving a child, is generally not eligible for a record suspension. There is a narrow exception in the Act, but it is limited and fact-specific.
Second, a person convicted of more than three offences prosecuted by indictment, each carrying a prison sentence of two years or more, is not eligible. This is a narrow category aimed at the most serious repeat cases, and it does not apply to most applicants.
Edge Cases That Confuse People
Multiple convictions. If you have more than one conviction, your waiting period runs from the completion of your most recent sentence, and the longest applicable waiting period applies. You do not get a separate clock for each conviction.
Discharges. An absolute or conditional discharge is not a conviction, so it is handled differently. Absolute discharges are removed from the RCMP system automatically after one year, and conditional discharges after three years. If your only outcome was a discharge, you may not need a record suspension at all.
Young offender records. Records under the Youth Criminal Justice Act are handled under a separate regime and are usually not part of the adult record suspension process. If your record is entirely youth-related, the rules are different.
New charges. A new conviction during your waiting period resets the clock. Minor provincial matters such as most traffic tickets are not Criminal Code convictions and generally do not count, but a new criminal charge does.
How to Check Your Eligibility
You can estimate your eligibility yourself by confirming the offence type, the sentence completion date, and the waiting period that applies. Our free eligibility calculator does this for you and gives a clear answer based on your conviction year, completion status, and offence details. It takes about two minutes and does not require an account.
What If You Are Not Sure
It is completely normal to be unsure, especially with older or multiple convictions. The definitive source is your RCMP criminal record, which lists every conviction the PBC will see. MyPardon scans that record for you, identifies each conviction, and confirms your exact eligibility, so you do not have to interpret legal categories on your own.
Demonstrating good conduct since your conviction also matters to the Board, but it does not change the basic eligibility test. If anything is unclear, it is better to confirm before you spend money on documents.
Once you know you qualify, the next step is gathering documents and completing the PBC forms. Our guide on how to get a pardon in Canada covers exactly what to do, and the cost breakdown shows what to budget.