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Criminal Records Act

Version of section 4 from 2002-12-31 to 2010-06-28:


Marginal note:Conviction-free period

 Before an application for a pardon may be considered, the following period must have 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, namely,

  • (a) five years, in the case of

    • (i) an offence prosecuted by indictment, or

    • (ii) a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two 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 that Act; or

  • (b) three years, in the case of

    • (i) an offence punishable on summary conviction, or

    • (ii) a service offence within the meaning of the National Defence Act, other than a service offence referred to in subparagraph (a)(ii).

  • 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)

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