Expungement vs Record Suspension in Canada

Expungement and record suspension are not the same thing in Canada: expungement permanently destroys a conviction record but exists only for a narrow list of historically unjust offences, while a record suspension, the modern legal term for a pardon, merely sets a far wider range of ordinary convictions aside and can still be revoked.

Two Different Remedies, Constantly Confused

People searching for how to clear a criminal record in Canada often use expungement and record suspension interchangeably, and a lot of online guides do not help by treating them as synonyms. They are not.

A record suspension is the general-purpose remedy that most people with an old, eligible conviction actually go through. It sets the conviction aside and keeps it separate from a standard background check, but the record still exists and the suspension can be taken away again. Expungement is something else entirely: it is a narrow, specific remedy Parliament created for convictions that should never have been crimes in the first place, and it physically destroys the record rather than filing it separately.

The two remedies also come from entirely different laws. A record suspension comes from the Criminal Records Act. Expungement comes from the Expungement of Historically Unjust Convictions Act, a separate 2018 statute built for a much smaller purpose.

What Expungement Actually Does

Under the Expungement of Historically Unjust Convictions Act, the Parole Board of Canada can order the expungement of a conviction for an offence listed in the Act's schedule. Once an expungement order is made, the person is deemed in law to have never been convicted of that offence.

That deeming language is the key difference from a record suspension. The Parole Board notifies the RCMP of the order, and the RCMP must destroy or remove the judicial record of the conviction from its systems, along with any copies held by other federal bodies. The record does not move to a separate, suspended file the way a record-suspended conviction does. It is gone.

Expungement was built for a specific historical wrong. For decades, Canada's Criminal Code criminalized consensual sexual activity between men through offences like gross indecency, buggery, and anal intercourse, provisions that targeted gay and bisexual men even after the conduct itself was widely understood to harm no one. The Act lets someone convicted under one of those provisions, when the underlying activity was consensual and between people old enough under the Criminal Code's close-in-age rules, have the conviction wiped out rather than merely set aside.

Who Actually Qualifies for Expungement

Expungement is not a general remedy for old or unfair-feeling convictions. It is available only for the specific offences listed in the schedule to the Act, which the Governor in Council can expand over time.

The schedule originally covered consensual same-sex offences: gross indecency, buggery, and anal intercourse, along with related attempt charges. In 2023, the schedule was expanded by regulation to add bawdy house offences, indecent act and indecent exhibition offences committed in a bawdy house context, and offences related to procuring or attempting to procure a miscarriage (abortion), recognizing that those provisions were also used to target women and queer people rather than to address any real public harm.

For the same-sex offences specifically, the Board must be satisfied the activity was consensual and that everyone involved was 16 years of age or older at the time, or otherwise fell within the Criminal Code's close-in-age exception. A conviction for conduct that would still be a crime today, such as an offence involving a lack of consent or an underage participant outside that exception, is not eligible.

Applying is not limited to the convicted person. If that person has died, an application can be made by a spouse or long-term conjugal partner, a child, parent, or sibling, an executor or other legal representative, or another person the Parole Board considers an appropriate representative. That posthumous-application feature does not exist for a record suspension.

No Fee, No Waiting Period

Expungement has no application fee. Applicants still have to gather supporting documents, such as court records, police records, or sworn statements confirming the facts of the conviction, and those documents can cost money to obtain, but the Parole Board does not charge for the application or the decision itself.

There is also no waiting period. A record suspension requires 5 years after completing a summary conviction sentence, or 10 years after completing an indictable offence sentence, before someone becomes eligible to apply. Expungement carries no equivalent wait, because the underlying premise is different: the conduct should never have been criminalized at all, so there is no rehabilitation period to demonstrate.

What a Record Suspension Does Instead

A record suspension, still commonly called a pardon, is the remedy almost everyone else with an old conviction needs. It is granted by the Parole Board of Canada under the Criminal Records Act and covers a vastly broader range of ordinary criminal convictions, not a fixed schedule of historically unjust offences.

A record suspension sets the conviction aside and keeps it separate from the standard Canadian Police Information Centre (CPIC) record most background checks search. That is a real, practical benefit for someone applying for a job, a lease, or a volunteer role. But it is not destruction. The record still physically exists, it can be disclosed again in specific circumstances, and the Parole Board can revoke it entirely if the person is later convicted of certain offences or is found to have given false information in the application. For the full eligibility rules, cost, and timeline, see record suspensions and pardons in Canada.

Side-by-Side Comparison

Why the Distinction Actually Matters

The difference is not just legal trivia. It changes what a person can accurately say about their own record, and it changes what shows up on the most sensitive type of background check.

Only expungement makes it accurate to say a conviction never happened. A record-suspended conviction is hidden from most checks, but the person still technically has a criminal record on file, just one that is set aside. That distinction matters for anything that turns on whether someone has ever been convicted of a crime, as opposed to whether a check will currently reveal one.

It also matters for a vulnerable sector check, the most thorough tier of Canadian background check, reserved for roles involving children or vulnerable persons. A vulnerable sector check is specifically permitted to disclose a record-suspended sexual offence conviction, even though that same conviction would not appear on an ordinary check. See criminal record checks in Canada for how the three tiers differ. An expunged conviction is different again: because the person is legally deemed never to have been convicted, there is no conviction left for any tier of check, including a vulnerable sector check, to disclose.

In practice, that means someone whose only conviction was for a historically unjust offence and who obtained expungement has a genuinely clean record for every purpose. Someone who instead obtained a record suspension for a different, ordinary offence has a record that is hidden from almost everyone, but not from a vulnerable sector check and not from themselves.

"Expungement" Gets Used Loosely, and That Causes Real Confusion

The word expungement is used loosely online, partly because it is the common American term for sealing or destroying a criminal record, and American expungement laws are often broader than Canada's version of the same word. Someone who read about expunging a record in a US context can easily assume the same broad process exists in Canada.

It does not. If someone in Canada is searching for how to expunge my record and their conviction is not on the schedule to the Expungement of Historically Unjust Convictions Act, expungement is simply not available to them, no matter how old the conviction or how much their life has changed since. The remedy they are actually looking for, in the overwhelming majority of cases, is a record suspension.

It is worth checking directly rather than assuming. Anyone unsure which category their conviction falls into should review the schedule to the Expungement Act or contact the Parole Board of Canada, since applying for the wrong remedy wastes time and, in the case of a record suspension, a $50 fee.

For the rest of this cluster, including how the different tiers of background check treat these records and what a record suspension costs and requires, see the Canada criminal law hub.

Disclaimer: This article provides general information about expungement and record suspensions in Canada and is not legal advice. Eligibility for expungement depends on the specific offence, the facts of the conviction, and the current schedule to the Expungement of Historically Unjust Convictions Act, which can change. Anyone considering an application should review the Parole Board of Canada's official guidance or consult a licensed lawyer or paralegal in their province or territory.

Frequently Asked Questions

Is expungement the same as a pardon or record suspension in Canada?

No. A record suspension, the modern legal term for a pardon, sets a conviction aside without destroying it and can be revoked. Expungement permanently destroys the record and applies only to a narrow list of historically unjust offences under the Expungement of Historically Unjust Convictions Act.

Who is eligible for expungement in Canada?

Only people convicted of an offence listed in the schedule to the Expungement of Historically Unjust Convictions Act, principally consensual same-sex sexual activity offences such as gross indecency, buggery, and anal intercourse, plus bawdy house, indecent act, and abortion-related offences added to the schedule in 2023. It is not available for ordinary convictions.

Does it cost anything to apply for expungement?

There is no application fee for expungement. Applicants may still need to pay for supporting documents such as court or police records. This differs from a record suspension, which costs $50 as of January 1, 2022.

Can someone apply for expungement on behalf of a family member who has died?

Yes. If the convicted person has died, a spouse or long-term conjugal partner, a child, parent, or sibling, an executor or other legal representative, or another person the Parole Board considers an appropriate representative can apply. There is no equivalent posthumous process for a record suspension.

Can an expunged conviction show up on a background check?

No. Once expunged, the person is legally deemed to have never been convicted, and the RCMP must destroy the judicial record. No tier of background check, including a vulnerable sector check, can disclose it because it no longer legally exists.

I want to expunge my record in Canada. What do I actually need?

Almost always a record suspension, not expungement. Expungement is available only for offences on the Expungement Act's schedule. If a conviction is not on that schedule, a record suspension is the applicable remedy, subject to its own waiting period, eligibility rules, and $50 fee.