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Criminal Records Act

Version of section 4 from 2012-03-13 to 2019-07-31:


Marginal note:Restrictions on application for record suspension

  •  (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.

  • R.S., 1985, c. C-47, s. 4
  • R.S., 1985, c. 1 (4th Supp.), s. 45(F)
  • 1992, c. 22, s. 4
  • 2000, c. 1, s. 1(F)
  • 2010, c. 5, s. 2
  • 2012, c. 1, s. 115

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