February 8, 2024

Record Suspension in Canadian Immigration

While not an immigration application, a record suspension can be a valuable tool for those who have been previously convicted in Canada and may be seeking to return or remain in Canada. A record suspension “has the effect of removing a person’s criminal record from the Canadian Police Information Centre (CPIC) database.”[1] This means that following a record suspension, a search of the CPIC will not show a criminal record or a record suspension.[2]

Only certain individuals meeting specific eligibility requirements may apply for a record suspension, namely, those convicted of an offence in Canada under a federal act or regulation as an adult, and/or individuals who were convicted of a crime in another country and were transferred to Canada while serving that sentence.[3] Certain offences will still be flagged in the CPIC, for example, offences for former sexual offenders.[4] The detailed eligibility requirements, including the period of time that an individual must wait after completing all sentences, is outlined here.

For the purposes of Canadian immigration law, being granted a record suspension which has not been revoked or ceased can have the effect of resolving an individual’s inadmissibility based on criminality for a conviction in Canada.[5]

If you would like to know whether you may be criminally inadmissible, or if you would like to discuss your eligibility for a record suspension, feel free to contact our office and schedule a consultation.