Criminal Records Act

Marginal note:Restrictions on application for record suspension

• 4 (1) Subject to subsections (3.1) and (3.11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

  • (a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or

  • (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).

• Marginal note:Ineligible persons

  (2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of

  • (a) an offence referred to in Schedule 1; or

  • (b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.

• Marginal note:Exception

  (3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that

  • (a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;

  • (b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and

  • (c) the person was less than five years older than the victim.

• Marginal note:Offence referred to in Schedule 3

  (3.1) A person who has been convicted only of an offence referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).

• Marginal note:Other offences including at least one offence referred to in Schedule 3

  (3.11) A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.

• Marginal note:Expiration according to law of sentence

  (3.2) A person is ineligible to make an application for a record suspension referred to in subsection (3.1) or (3.11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3.

• Marginal note:For greater certainty

  (3.21) For greater certainty, subsection (3.2) does not apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.11) until after all fines and victim surcharges have been paid.

• Marginal note:Fee not payable

  (3.3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.

• Marginal note:Onus — exception

  (4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.

• Marginal note:Onus — person referred to in subsection (3.1)

  (4.1) The person referred to in subsection (3.1) has the onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection.

• Marginal note:Information — application referred to in subsection (3.1)

  (4.11) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.

• Marginal note:Onus — person referred to in subsection (3.11)

  (4.12) For the purpose of subsection (3.11), a person referred to in that subsection has the onus of satisfying the Board that the person has been convicted of an offence referred to in Schedule 3.

• Marginal note:Amendment of Schedules 1 and 3

  (5) The Governor in Council may, by order, amend Schedule 1 or 3 by adding or deleting a reference to an offence.