Criminal Records Act (R.S.C., 1985, c. C-47)

Marginal note:Record suspension

• 4.1 (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that

  • (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

  • (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

• Marginal note:Record suspension — person referred to in subsection 4(3.1)

  (1.1) In the case of an application referred to in subsection 4(3.1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.

• Marginal note:Exception to revocation

  (1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b).

• Marginal note:Onus on applicant

  (2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

• Marginal note:Factors

  (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

  • (a) the nature, gravity and duration of the offence;

  • (b) the circumstances surrounding the commission of the offence;

  • (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

  • (d) any factor that is prescribed by regulation.