If you are going through the criminal justice system or you have been convicted of a crime, you may be wondering, โHow long does a criminal record last in Canada?โ
The answer is not as straightforward as you might hope. In some jurisdictions, certain records automatically disappear after a set time, but in Canada, the approach is more complex and depends on several factors.
What Is the Impact of a Criminal Record?
Anyone asking, โHow long does a criminal record last in Canada?โ is probably concerned about the impact on their life. Having a criminal record can affect all of the following:
- Employment opportunities.
- Volunteer positions.
- Freedom to travel internationally.
- Housing options.
- Professional licensing for some professions.
Even if you are not worried about your criminal record right now, it is better to deal with it as soon as possible rather than waiting until you are in a situation where it does matter. Note that a criminal record is not erased after you pass away and can affect your family members afterward. Addressing the situation immediately may not be necessary, but it is advisable to investigate it.
Are Criminal Records Permanent?
Before discussing how long does a criminal record last in Canada, it is important to understand that, technically, criminal records are permanent; they do not disappear or expire on their own. This is true for both summary and indictable offences.
However, there are options available to you that can reduce or eliminate the impact of a criminal record on your life. These options include obtaining a discharge and applying for a record suspension. Special conditions also exist for minors charged with a crime.
Absolute and Conditional Discharges
Discharges are the only exceptions to the permanent nature of criminal records. If you get an absolute or conditional discharge, you technically have not been convicted under Canadian law.
Absolute Discharges
With an absolute discharge, the record of your conviction is removed from the RCMP database after one year. For all practical purposes, it is as though the offence never happened once the one-year period has passed.
Conditional Discharge
With a conditional discharge, the record is removed three years after the discharge is granted. Conditions attached to this type of discharge might include completing probation, doing community service, or getting counselling.
How Do You Get a Discharge?
Discharges are granted by the judge at the time of sentencing; you can not apply for one after the fact. At sentencing, if the judge deems it appropriate, they will give you either an absolute or conditional discharge rather than registering a conviction.
Once the discharge takes effect, you can say that you have never been convicted of a crime. However, in some circumstances, you may have to be clearer if you are asked: โHave you ever been convicted of a crime?โ Consult with a criminal lawyer about how to respond to this question.
Record Suspensions
If you do not receive a conditional or absolute discharge, you can still address the question of โhow long does a criminal record last in Canada?โ by applying for a record suspension.1 Although a record suspension does not eliminate your criminal record, it does make it inactive so that it does not appear on most standard background checks.
Applying for a Record Suspension
How long does a criminal record last in Canada after a conviction?
For summary convictions, you can apply for a record suspension five years after completing your sentence, including jail time, probation, repayment of fines, and making restitution.
For indictable offences, there is a 10-year waiting period after completing your sentence.
Note that not all offences are eligible for a record suspension; for some very serious offences, criminal records are truly permanent.
What is The Effect of a Record Suspension?
Once a record suspension is granted, the conviction will not appear on standard criminal background checks. These background checks might be conducted by employers, landlords, volunteer organizations, or professional licensing bodies. However, the record still exists, and in some circumstances, such as working with vulnerable populations and travelling to some countries, it can still be accessed. In these limited cases, the answer to โhow long does a criminal record last in Canadaโ is โforever.โ
How Long Does a Criminal Record Last in Canada if You Are a Minor?
If you were a minor at the time of the conviction, the provisions of the Youth Criminal Justice Act (YCJA) apply. This is the case even if you turn 18 before your trial. Under the YCJA, criminal records are retained for 2 years in the case of extrajudicial sanctions, 3 years for summary convictions, and 5 years for convictions on indictable offences.
Unless the case is transferred to adult court, minors do not need to ask how long does a criminal record last in Canada; the answers are spelled out in the YCJA as a maximum of 5 years. Records are sealed beyond that point and eventually destroyed.
How a Criminal Lawyer Can Help
If youโre wondering โHow long does a criminal record last in Canada?โ the right person to ask is an experienced criminal lawyer. The right time to ask is upon your arrest, but a lawyer can also help when the time comes for you to apply for a record suspension.
Before your trial, a criminal lawyer can:
- Work to have the charges against you dismissed or reduced.
- Argue for an absolute or conditional discharge.
For your record suspension application, a criminal lawyer can assist you with determining if you are eligible for a suspension, collecting supporting materials for the application, and filling out the application itself.
Not every record suspension application needs the guidance of a criminal lawyer, but this is recommended if you have:
- Multiple convictions across different jurisdictions
- Current outstanding charges or court orders
- Previous failed applications
- Missing court records
- Issues getting character references
- Immigration complications
- Travel requirements for yourself or your family
- High-stakes needs for a record suspension, such as an application for a professional licence.
So, how long does a criminal record last in Canada? The answer lies in your age at the time of the offence, the nature and severity of the offence, your conduct following your conviction, and the success of your record suspension application.
For expert legal advice at any point during the process, contact the team at Zamani Law. Led by renowned criminal lawyer Farid Zamani, Zamani Law understands the complexities of dealing with criminal records and has a long track record of success in obtaining suspended sentences and criminal record suspensions for clients with a wide variety of convictions.
Contact Zamani Law today for a free consultation.
