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Script 205 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
Who receives a criminal record?
Anyone in BC 18 or older convicted of a criminal offense has a criminal record. A criminal record doesn’t include convictions under provincial laws, like the Motor Vehicle Act. Criminal records are not public, but police, prosecutors, customs officers, and other officials can still see them.
What is a pardon and who can apply for one?
A pardon is a decision by the National Parole Board to keep a person’s criminal record separate from the criminal records of people who have not received a pardon. If you have a criminal record, and you have finished serving your sentence (penalty) and can show that you now obey the law, you can apply for a pardon.
What does a pardon do?
If you get a pardon, your criminal record will be kept separate from the criminal records of people who have not got pardons. And no one regulated by federal law can give out information about your criminal record or pardon without the permission of the Canadian Minister of Public Safety and Emergency Preparedness. But other parties not regulated by federal law (like a municipal police force or private citizen) can still give out such information. And a pardon does not guarantee you can enter another country or get a visa to enter another country. For example, the US does not recognize Canadian pardons.
When can you apply for a pardon?
Before you apply for a pardon, you must finish serving your sentence and then wait for a certain time. How long you have to wait depends on the type of your conviction: 3 years for a summary conviction and 5 years for an indictable conviction. This time starts running only when you finish serving your sentence. And that means you must have paid all fines, surcharges, costs, and orders for restitution or compensation, served your jail time (including parole and statutory release), and satisfied your probation order.
If you received only an absolute or conditional discharge, you don’t need to apply for a pardon because the record of your discharge is automatically removed from the Canadian Police Information Centre computer system. That happens 1 year after the date of the sentence for an absolute discharge and 3 years after the date of the sentence for a conditional discharge. But for discharges before July 24, 1992, you have to make a written request to remove your discharge. Check script 203, called “Conditional Sentences, Probation and Discharges,” for more on this.
How do you apply for a pardon?
Apply to the National Parole Board. There’s a $50 fee, plus other costs. The Board will give you a guide that explains what to do. The Board website (www.npb-cnlc.gc.ca) has both the guide and a fact sheet on pardons. You can also call the Board toll-free at 1.800.874.2652. The Board examines your application to see if you are a law-abiding citizen. It can take a year or longer. If the Board rejects your application, you can reapply after 1 year. You can’t appeal the Board’s decision.
You don’t need a lawyer to apply, but it can be a complicated process with several stages. The Clemency and Pardons Division offers free help. Its toll free number is 1.800.874.2652.
[updated September 2009]
Dial-A-Law© is a library of legal information that is available:
- by phone, as recorded scripts, and
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To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.
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