In response to recent court decisions, legislative changes regarding Pardons/Record Suspensions made to the Criminal Records Act (CRA) in both 2010 and 2012 have been found unconstitutional for residents of Ontario and British Columbia.

As a result, when calculating eligibility for a Pardon/Record Suspension for these residents, the wait periods will depend on when the offence was committed.

Please note that when we calculate eligibility, if there any charges after March 12, 2012, the 5/10 year wait times applies to ALL charges

Date Offence Committed

Before June 29, 2010

June 29, 2010 – March 12, 2012

After March 12, 2012

Eligibility in Years

(once all sentences have been satisfied)

3 = summary

5 = indictable

3 = summary

5 = indictable or summary sex to minor

10 = indictable sex to minor or personal injury with 2years jail time

5 = summary

10 = indictable

Sex to minor



Not Eligible

(unless meets exceptions*)

*Exceptions = according to Schedule 1, you must meet the following criteria to be eligible:

  • You were not in a position of trust or authority to the victim
  • There was no threat or attempt to use violence, intimidation or coercion towards the victim
  • You were less than 5 years old than the victim

Please click here to visit the Parole Board of Canada’s webpage explaining the changes.