For many people the lasting effect of a criminal case is the record it leaves, not the sentence. A record can come up in a job application, a volunteer screening, an immigration file or at the border. This page explains what a criminal record is in Ontario, what shows up on a police record check, how discharges work, and how to apply for a record suspension. Law Wise is based in Mississauga and serves the entire GTA and Ontario.
Not every outcome is a conviction
People often use “criminal record” to mean any contact with the criminal courts. In law the outcome matters a great deal.
- Withdrawn, stayed or dismissed charge, or an acquittal. There is no finding of guilt. Police and court files still exist, and fingerprints and photographs may be kept unless you ask for them to be destroyed.
- Peace bond. A court order to keep the peace. It is not a finding of guilt. It can appear on some police checks while it is in force.
- Absolute or conditional discharge. A finding of guilt, but under section 730 of the Criminal Code the person is deemed not to have been convicted. A discharge is available only for an offence with no minimum penalty and a maximum of less than 14 years.
- Conviction. A finding of guilt followed by a sentence such as a fine, probation, a conditional sentence or jail. This is a criminal record in the full sense and remains until a record suspension is ordered.
When a discharge drops out of federal records
- Absolute discharge. The record may not be disclosed by federal agencies once more than one year has passed since the discharge.
- Conditional discharge. The record may not be disclosed once more than three years have passed since the day of the discharge order.
- Automatic removal. At the end of those periods the RCMP must remove the discharge from its automated criminal conviction records system. No application is needed.
Source: Criminal Records Act, RSC 1985, c C-47, s 6.1; Criminal Code, RSC 1985, c C-46, s 730, as they read on 11 October 2026 (Justice Laws versions current to 21 September 2026). Local police services keep their own files, which follow their own retention rules.
What a police record check shows in Ontario
Ontario law sets three types of police record check and limits what each can disclose. The province’s published summary, as updated on 27 April 2026, describes them this way:
- Criminal record check. Criminal convictions. Summary convictions are not disclosed if the request is made more than five years after the conviction. Discharges, outstanding charges and non-conviction information are not disclosed.
- Criminal record and judicial matters check. The above, plus absolute discharges for one year and conditional discharges for three years, outstanding charges and arrest warrants, and most court orders.
- Vulnerable sector check. For positions of trust with children or vulnerable adults. The above, plus certain findings of not criminally responsible, record suspensions for sexually based offences where the law authorizes it, and non-conviction information only where a strict statutory test is met.
A check never discloses that a person was a victim or a witness, or that the police attended a mental health crisis that did not lead to charges. The employer or organization decides which level of check to request, and the check is released to you first.
Record suspensions
A record suspension, formerly called a pardon, is ordered by the Parole Board of Canada under the Criminal Records Act. It does not erase a conviction. It requires the record to be kept separate and apart from other criminal records, so that it does not appear on a search of the national police database, and it removes most disqualifications that federal law attaches to the conviction (s 2.3). Some orders continue despite a record suspension, including weapons prohibitions, driving prohibitions and sex offender registration obligations. A federal employer, and a business under federal jurisdiction, may not use an application form that requires a person to disclose a conviction for which a record suspension is in force (s 8). A record suspension does not guarantee entry to another country. Foreign border agencies, including those of the United States, keep their own records and apply their own rules, and information they collected earlier is not removed.
Record suspension: who can apply and when
- Waiting period. Five years for an offence punishable on summary conviction, and ten years for an offence prosecuted by indictment, counted from the end of the whole sentence, including probation and payment of any fine (s 4(1)).
- Older offences. The Parole Board states that applications are assessed under the eligibility rules in force at the time of the first offence, so a different waiting period may apply to a person whose record began before the 2010 and 2012 amendments.
- Not eligible. A person convicted of a Schedule 1 offence (sexual offences involving a child), subject to a narrow exception, and a person convicted of more than three indictable offences each with a sentence of two years or more (s 4(2), (3)).
- The test. Good conduct and no new conviction during the waiting period. For indictable offences the applicant must also show that a record suspension would provide a measurable benefit and sustain their rehabilitation, and that it would not bring the administration of justice into disrepute (s 4.1).
- Fee. The Parole Board’s application fee is $50, as shown on its website on 11 October 2026 (page modified 8 October 2026). Fingerprints, court documents and police checks have separate costs.
Source: Criminal Records Act, RSC 1985, c C-47, ss 2.3, 4, 4.1 and 8, as they read on 11 October 2026; Parole Board of Canada, “Applying for a record suspension”. Confirm the fee and current forms with the Board before applying.
Simple possession of drugs and cannabis
Two special rules apply to drug possession. A person convicted only of simple possession of cannabis may apply for a record suspension without waiting and without paying the Board’s fee (Criminal Records Act, s 4(3.1), (3.3)). Separately, under 2022 amendments to the Controlled Drugs and Substances Act, a conviction for simple possession of a controlled substance is kept apart from other conviction records two years after the conviction or the end of the sentence, and the person is then deemed never to have been convicted of it. See drug offences.
How a record suspension can be lost
- It ceases to have effect automatically if the person is later convicted of an indictable offence, or of most hybrid offences under the Criminal Code and the federal drug and firearms laws (s 7.2).
- The Board may revoke it if the person is later convicted of a summary offence, is found to be no longer of good conduct, or made a false statement in the application (s 7).
Steps in a record suspension application
- Confirm eligibilityIdentify every conviction, the date each sentence ended, and whether fines and surcharges were paid.
- Obtain your criminal recordFingerprints are submitted to the RCMP for a certified copy of your record.
- Collect court and police documentsCourt information for each conviction and local police record checks for the places you have lived.
- Complete the formsIncluding, for indictable offences, the statement of measurable benefit and sustained rehabilitation.
- Submit to the Parole BoardThe Board reviews the application, may ask for more information, and gives a written decision.
The Parole Board states that a lawyer is not required to apply. Some people prefer legal help where the record is long, where documents are missing, where an earlier application was refused, or where the stakes for work or immigration are high.
Records, travel and immigration
A criminal record can affect immigration status and applications in Canada, and admission to other countries. The rules are different for citizens, permanent residents and foreign nationals, and they turn on the exact offence and sentence. Anyone who is not a Canadian citizen should get immigration advice before a criminal case is resolved, not after. See immigration.
How Law Wise helps
- Explaining, before a case is resolved, what record each possible outcome would leave.
- Reviewing your record and sentence dates to confirm eligibility for a record suspension.
- Preparing the record suspension application and supporting statement.
- Requesting destruction of fingerprints and photographs after a withdrawal or acquittal, where the police service allows it.
- Advising on how a record affects an immigration application.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about criminal records
My charge was withdrawn. Do I have a criminal record?
No, a withdrawn charge is not a conviction or a finding of guilt. The police keep a file, and fingerprints and photographs may remain unless you apply to have them destroyed. Non-conviction information can be disclosed only on a vulnerable sector check, and only where a strict test is met.
Do I have to tell an employer about a discharge?
Read the question carefully. A discharge is not a conviction, so a question that asks only about convictions does not cover it. A question about findings of guilt or charges is wider. If you are unsure how to answer, get advice before you complete the form.
How long do I have to wait to apply for a record suspension?
Under the current Act, five years for summary conviction offences and ten years for offences prosecuted by indictment, starting when the entire sentence is finished. Older offences may fall under earlier rules.
Will a record suspension let me travel to the United States?
Not necessarily. A Canadian record suspension does not bind another country. If United States border officials already have a record of your conviction, they may still refuse entry or require a waiver.
Can a record suspension be taken away?
Yes. It ends automatically on a later conviction for an indictable or hybrid offence, and the Parole Board may revoke it for a later summary conviction, for loss of good conduct, or for a false statement in the application.
Is a youth record treated the same way?
No. Youth records are governed by the Youth Criminal Justice Act and close after set periods without an application. See youth criminal charges.
Questions about a criminal record or a record suspension?
Bring any court papers you have and the dates your sentence ended. We will tell you where you stand and what the next step is.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.