Marginal note:Restrictions on application for record suspension

• 4. (1) A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

  • (a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or

  • (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).

• Marginal note:Ineligible persons

  (2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of

  • (a) an offence referred to in Schedule 1; or

  • (b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.

• Marginal note:Exception

  (3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that

  • (a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;

  • (b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and

  • (c) the person was less than five years older than the victim.

• Marginal note:Onus — exception

  (4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.

• Marginal note:Amendment of Schedule 1

  (5) The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence.

Marginal note:Exception — long-term supervision

4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1).