If you are a permanent resident or temporary resident in Canada with a past Canadian conviction, you have probably heard that a record suspension (the program once called a pardon) can “clear your record.” For employment and many everyday purposes, that is largely true. But there is one area where a record suspension does almost nothing for you: immigration. This is the single most misunderstood point we see among Filipino newcomers, and getting it wrong can put your status in Canada at risk.
This guide explains what a record suspension actually is, who can get one, and — most importantly — why it does not fix criminal inadmissibility under Canada’s immigration law. It is general information, not legal advice; your situation should be assessed on its own facts.
What is a record suspension (formerly a “pardon”)?
A record suspension is granted by the Parole Board of Canada under the Criminal Records Act (CRA). It does not erase or delete your conviction. Instead, it keeps your criminal record separate from other records held by federal departments and agencies, so that an ordinary criminal records check generally will not reveal it. The older term “pardon” was replaced by “record suspension,” but many people — and many older documents — still use the word “pardon.”
For practical purposes, a record suspension can help you with things like job applications, volunteer positions, and reducing the stigma of a past conviction. What it does not do is change how Canada’s immigration authorities view that conviction. We return to this point below, because it is the heart of this article.
Who is eligible, and how long do you have to wait?
Eligibility for a record suspension depends mainly on the type of offence and how much time has passed since you fully completed your sentence — including any jail time, parole, probation, and payment of all fines and restitution.
Waiting periods
- 5 years for a summary conviction offence.
- 10 years for an indictable offence.
These waiting periods are set out in section 4(1) of the Criminal Records Act, and the clock only starts once your sentence is fully complete — not from the date of conviction or the date of the offence.
Who is not eligible
Under sections 4(2) and 4(3) of the Criminal Records Act, some people cannot apply at all, including:
- People convicted of certain Schedule 1 (sexual) offences, subject to a limited exception.
- People with more than three indictable convictions, each of which carried a sentence of two years or more.
The application fee
The application fee is $50, reduced from the previous $657.77 effective January 1, 2022. The lower fee has made the process far more accessible, but a lower fee does not change the legal scope of what a record suspension can — and cannot — do.
The critical point: a record suspension does NOT fix immigration inadmissibility
Here is the misconception we correct most often. Many permanent residents and temporary residents assume that once they receive a record suspension, the conviction is “gone” for every purpose — including their immigration status. That is not how it works.
Criminal inadmissibility is governed by the Immigration and Refugee Protection Act (IRPA), primarily section 36 — a completely separate legal regime from the Criminal Records Act. A record suspension granted by the Parole Board of Canada operates under the CRA. It does not cure or remove inadmissibility under IRPA. In other words, the immigration consequences of your conviction can continue even after a record suspension is granted.
This matters because the immigration system and the criminal-records system answer different questions:
- A record suspension answers: “Should this conviction stay separate from routine background checks for employment and similar purposes?”
- Criminal inadmissibility answers: “Can this person enter or remain in Canada given their conviction?”
Because these are different tracks under different statutes, fixing one does not automatically fix the other. If your goal is to protect your status in Canada, the immigration consequences must be addressed through immigration remedies — not through a record suspension. For the full framework, see our guide to criminal inadmissibility in Canada.
The separate immigration track: what actually addresses inadmissibility
If a past conviction has made you criminally inadmissible, the remedies live entirely within the immigration system and must be pursued on their own. The main options include:
- Criminal rehabilitation — a finding by immigration authorities that you are unlikely to reoffend, addressing the inadmissibility directly.
- A Temporary Resident Permit (TRP) — a discretionary permit that may allow entry or continued stay despite inadmissibility, where justified.
- Appeals — depending on your status and circumstances, you may have rights to challenge an inadmissibility or removal decision.
These remedies are independent of any record suspension. You may pursue a record suspension for non-immigration reasons and, separately, an immigration remedy to deal with inadmissibility — but the one will not substitute for the other.
Why this matters for Filipino PRs and temporary residents
For members of the Filipino community who have built a life in Canada, the stakes are real. A conviction can affect your ability to travel, sponsor family members, renew status, or apply for citizenship — and a record suspension on its own does not lift those immigration consequences. Relying on a pardon to protect your status can leave you exposed at exactly the wrong moment, such as when you are flagged at a port of entry or during a status application.
This is why JCA Law Office approaches these matters at the intersection of criminal law and immigration law. The right strategy often involves looking at both the criminal record and the immigration file together. Related reading on this cross-practice angle includes our pages on how criminal charges affect your immigration status, DUI immigration consequences, and assault charges and your PR status. You can also learn more about our criminal and litigation law services.
Frequently asked questions
Does a record suspension remove my criminal inadmissibility to Canada?
No. A record suspension is granted under the Criminal Records Act and does not cure inadmissibility under the Immigration and Refugee Protection Act. Immigration inadmissibility must be addressed separately, through remedies such as criminal rehabilitation, a Temporary Resident Permit, or an appeal.
What is the difference between a “pardon” and a “record suspension”?
They refer to the same modern program. “Pardon” is the older term; the current legal term is “record suspension,” granted by the Parole Board of Canada under the Criminal Records Act.
How long do I have to wait before I can apply?
Generally 5 years after completing your sentence for a summary conviction offence, and 10 years for an indictable offence. The waiting period starts only once your entire sentence — including fines, parole, and probation — is fully complete.
How much does a record suspension application cost?
The application fee is $50, reduced from $657.77 effective January 1, 2022.
Is everyone eligible for a record suspension?
No. People convicted of certain Schedule 1 (sexual) offences are generally ineligible, subject to a limited exception, as are people with more than three indictable convictions each carrying a sentence of two years or more.
Speak with JCA Law Office
If you have a past Canadian conviction and you are worried about your status, the most important step is to treat the criminal-record question and the immigration question as two separate problems — and to address both deliberately. JCA Law Office works at the intersection of criminal and immigration law and can help you understand which remedies apply to your situation.
To discuss your circumstances, you can book a consultation with our team. We are available Monday to Friday and will review your record-suspension and immigration questions together.
This article provides general information only and is not legal advice. For advice about your specific situation, please consult a qualified lawyer.
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