Frequently Asked Questions about Pardons

1. Who can grant or issue a pardon?

Only the National Parole Board (NPB/Board) has the authority to issue, grant, deny, or revoke pardons in Canada. The law that governs pardons is known as the Criminal Records Act (CRA).

2. How do I apply for a pardon?

You will need a Pardon Application Guide. A paper version can be obtained by contacting one of the agencies listed below.

You can also obtain an electronic version of the Pardon Application Guide here: Pardon Application Guide

A unique reference number is printed on each Pardon Application Guide. This number must be used in all subsequent contacts with the NPB. The applicant must ensure that the application is complete. Documents such as the criminal record, local police records check and other pertinent information mentioned in the guide must be provided with the $50 processing fee (certified cheque or money order only).

3. When can I apply for a pardon?

To apply for a pardon, you must have completely served your sentence and a waiting period of either three years for summary convictions or five years for indictable convictions (criminal offences).
For example, if you only received a fine, the waiting period begins the date you paid that fine in full. For any court-imposed surcharge, restitution or compensation orders, term of imprisonment or probation, the waiting period is calculated from the date you completed the entire sentence, including any part of the sentence you may have served in the community.

4. What is the process for summary offences?

The Board will issue a pardon after it has confirmed that you have completed your 3 years waiting period after having completed your sentence of your conviction(s), and determined through the Royal Canadian Mounted Police (RCMP) that you have not been convicted of any other offences since your last conviction.

5. What is the process for indictable offences?

The Board will confirm that you have completed your waiting period, verify through the RCMP that you have had no further convictions and have been of good conduct. The Board will investigate your behaviour since your last conviction.

The Board will then evaluate your application based on your good conduct. Good conduct means you have no further convictions or suspicions or allegations of criminal behaviour. Based on that evaluation, the Board will decide whether to grant or deny a pardon.

6. If the Board denies a pardon, what can I do?

The Board will inform you in writing of the decision. You may then make written representations for the Board to consider. If the Board denies the pardon, you may apply one year from the date of the decision.

7. What is the effect of a pardon?

The effect of a pardon, if granted or issued, is that your criminal record will be kept separate and apart from other criminal records and any information pertaining to your convictions and will be taken out of the Canadian Police Information Centre (CPIC).

It is important to realize that a pardon is only kept separate and apart from other criminal records in Canada. If foreign authorities have information about your criminal record in their system, they will not remove it. For example, if the United States Immigration and Naturalisation Service has entered information about your record into their computer, it continues to remain available.

8. What does it mean that a criminal record is "kept separate and apart?"

It means that after a pardon is granted or issued, any search of the CPIC will not show that you have a criminal record. It will also not divulge the existence of a pardon, as this would reveal that a conviction had occurred.

This applies to criminal records kept within federal departments and agencies. Courts and police services other than the RCMP are under provincial and municipal legislation. This means that they do not have to keep records of convictions separate and apart from other criminal records, although most do.

9. Does a pardon erase a conviction?

A pardon does not erase a conviction. It does not allow a person to say that they do not have a criminal record. The correct response is: "Yes, I have been convicted of a criminal offence for which I have received a pardon."

10. Who can divulge a criminal record?

Under the CRA, only the Solicitor General of Canada has the authority to disclose information from a pardoned record.

He would only do so in very exceptional circumstances if he is satisfied that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

11. When asked if I have a criminal record after obtaining a pardon, what should I say?

You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: "Yes, I have been convicted of a criminal offence for which I have been pardoned."

12. Is a Canadian pardon recognized outside Canada?

No. Many foreign countries, including the United States (U.S.), do not recognize a Canadian pardon. If you have a criminal record and are interested in going to the U. S., you may want to apply for an "American Immigration and Naturalization Service waiver" (American INS waiver).

This procedure may entail the disclosure of your pardoned criminal record for review by U.S. Immigration and Naturalization officials. An American INS waiver package can be obtained at the U.S. Embassy in Ottawa or at any U.S. consulate or port of entry.

13. Is it true that changes have been made to the Criminal Records Act concerning pardons for sex offenders?

There have been no changes that affect how or whether sex offenders will be granted or denied a pardon.

There were, however, some changes to the legislation that became law in August 2000, which may affect sex offenders who have already been granted a pardon.

These new changes enhance the capacity of police forces to explore the criminal background of those who wish to work with children. This includes a review of criminal records for designated sex offences where a pardon has been granted.

By placing a 'flag' on the records of sex offenders in the Canadian Police Information Centre, police can be alerted that a pardoned record exists so they can request the Solicitor General's authorization to unseal it.

When an individual who has been pardoned for a sex offence has applied for a job that involves working with children or vulnerable persons, a member of a police force or other authorized body may verify whether the applicant has been pardoned. Before doing so, however, they must obtain the applicant's consent in writing.

A person or organization that obtains information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

14. How long does it take to obtain a pardon?

Processing a pardon is something that is taken very seriously. It may take 12 - 18 months to obtain your pardon depending on the type of offence and the documentation that is required. The processing time will vary in each case. Some have taken longer than 18 months to process.

There are numerous elements to consider in processing a pardon application, especially if it is for an indictable offence. This will require a review and decision by a Parole Board member and may involve a lengthy investigation and a number of reports. These reports will have to carefully be reviewed and examined before a decision can be made.

Summary conviction cases however, especially for minor offences committed many years ago may not require as extensive investigation and could be processed much more quickly.

15. If I want to know the status of my application, what should I do?

You can call the National Parole Board's toll-free phone number 1-800-874-2652 and a pardon officer will be happy to respond to your questions and provide you with pertinent information. Your reference number (printed on your application) is required to ensure your identification.

16. Is there a cost related to the pardon application?

Applicants are now responsible for obtaining a full set of their fingerprints at a cost that will vary from one agency to another. They also have to pay a $25 fee to the RCMP for a certified copy of their criminal record and finally, pardon applicants are required to pay a $50 fee for the NPB to evaluate the merits of a pardon request.

17. Where can I find the Pardon Application Guide?

You can obtain a copy of the Pardon Application Guide at the following locations:

• NPB web site at this link: Pardon Application Guide
• NPB offices across Canada (see list of addresses and phone numbers below);
• RCMP offices, provincial and municipal police offices;
• Courts of Justice; or
• You can call the NPB's toll free pardons number at 1-800-874-2652.

For more information, call the NPB office nearest you:

National Office
410 Laurier Avenue West, 5th floor
Ottawa ON K1A 0R1
Telephone: 1-800-874-2652

Atlantic Regional Office
1045 Main Street, 1st floor, Unit 101
Moncton NB E1C 1H1
Telephone: (506) 851-6345

Pacific Regional Office
32315 South Fraser Way, Suite 305
Abbotsford BC V2T 1W6
Telephone: (604) 870-2468

Ontario Regional Office
516 O'Connor Drive
Kingston ON K7P 1N3
Telephone: (613) 634-3857

Quebec Regional Office
Guy-Favreau Complex
200 René-Lévesque Blvd West
10th floor, Suite 1001
West Tower
Montreal QC H2Z 1X4
Telephone: (514) 283-4584

Prairies Regional Office
101 - 22nd Street East, 6th floor
Saskatoon SK S7K 0E1
Telephone: (306) 975-4228