Getting a record suspension in Canada is a relatively complex process that is best done with the help of an experienced professional. The first thing you need to know about successfully obtaining a record suspension is that it won\u2019t happen overnight. Even when you\u2019ve got someone who knows the ins and outs of the process on your side, there is still a waiting period to go through for all applications.<\/p>\n
Think of a record suspension like a second chance \u2013 but with certain conditions. Everyone makes mistakes, and in all but the most extreme cases, mistakes shouldn\u2019t become a permanent obstacle to living a normal life. That\u2019s why record suspensions exist. While they provide an opportunity for those convicted of crimes to put their past behind them and move on with their lives, they are not handed out easily or swiftly.<\/p>\n
So how much time will one have to wait for a record suspension, exactly? The simple answer is: it varies. There are a couple of key aspects that will determine the delay.<\/p>\n
The biggest factor that will affect the time takes to obtain a record suspension is the length of the sentence. That\u2019s because the first requirement before submitting an application for record suspension is that the sentence must be completely served.<\/p>\n
5 months<\/strong> for charges that have been withdrawn, dismissed, or acquitted.<\/p>\n 1 year<\/strong> for absolute charges, stayed charges, or any given peace bond.<\/p>\n 3 years<\/strong> for a conditional discharge.<\/p>\n 5 years<\/strong> for a summary conviction.<\/p>\n 10 years<\/strong> for Indictable conviction.<\/p>\n It\u2019s important to remember that \u201ctime served\u201d doesn\u2019t just cover the actual time spent in jail, but also any fines associated with the sentence. These need to be paid in order for the sentence to be considered served. Furthermore, if there is a probationary period required after the sentence, it must also be completed.<\/p>\n Once all the requirements of the sentence have been met, the first step to obtaining a record suspension is considered complete.<\/p>\n Generally speaking, there are two types of offences in Canadian criminal law \u2013 summary and indictable. A\u00a0record suspension can be sought for either type, but indictable offences carry a longer waiting period than summary offences.<\/p>\n Summary offences are considered less serious, and in most cases don\u2019t require a jury present in order to have the case concluded in court. These types of crimes include things soliciting prostitution, common assault, theft under $5000 and criminal harassment.<\/p>\n Summary offences also involve lower fines and shorter sentences \u2013 if jail time is required at all.<\/p>\n Indictable offences are more serious crimes and require a jury for the decision. These types of crimes include things like theft over $5000, fraud over $5000, drug trafficking and assault with a weapon.<\/p>\n Unsurprisingly, jail sentences and fines are much stiffer for indictable offences.<\/p>\n In the past, the waiting period to apply for a record suspension was three years after the completion of the sentence for a summary criminal offence, and five years for an indictable offence.<\/p>\n In 2012, the Canadian government increased the waiting times. As of 2017, the summary offence waiting period is five years, and the indictable offence waiting period is ten years after the completion of the sentence.<\/p>\n For a summary offence, record suspension applications are typically completed within six months. A record suspension application for an indictable offence will take about one year from the acceptance of the application to conclude.<\/p>\n Of course, this is assuming that everything goes smoothly from application submission to end result. Any new arrest and criminal charge, for example, will result in further delay \u2013 effectively entailing a complete re-start of the process.\u00a0\u00a0Furthermore, a record suspension may be denied if you are charged with a criminal offence during the application process, even if the charge is later withdrawn, dismissed, stayed, or discharged.<\/p>\nNature of the Crime<\/strong><\/h2>\n
Longer Wait Times<\/strong><\/h2>\n
Processing Times<\/strong><\/h2>\n