Am I Eligible for a Pardon In Canada?
You're eligible for a Pardon (Record Suspension) once you've fully completed your sentence — including any prison time, probation, and payment of all fines or surcharges — and waited 5 years for a summary offence or 10 years for an indictable offence. Some offences, including certain sexual offences and repeat serious convictions, are not eligible at all.
Below is a full breakdown of the eligibility rules, waiting periods, and what can disqualify an application.
The Two Core Requirements
To apply for a pardon, you must meet both of the following:
1. You've completed your entire sentence — this includes any custody time, probation, and full payment of all fines, victim surcharges, costs, compensation orders, and restitution. Your waiting period doesn't start until every dollar is paid.
2. You've waited the required number of years since completing your sentence, without any new convictions, based on the type of offence.
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Summary offences are generally less serious and carry lighter maximum penalties. Indictable offences are more serious and carry longer potential sentences. Some offences can be prosecuted either way ("hybrid" offences). For Pardon purposes, these are treated as indictable until the case has concluded.
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After. The waiting period only begins once every part of your sentence, including probation and full payment of fines, is complete.
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Not necessarily. Your eligibility is assessed using the rules in place when you committed your first offence, which may mean a shorter 3- or 5-year waiting period applies to you.
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No — your waiting period doesn't start until all fines, surcharges, and restitution are paid in full. Pay any outstanding amounts as early as possible, since this is often what delays eligibility the most.
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Eligibility rules vary based on offence type, sentence length, and the date of your first offence — it's easy to misjudge on your own. A quick review of your specific record is the most reliable way to know for certain.
Waiting Period by Offence Type
What Can Make You Ineligible
Not everyone qualifies, regardless of how much time has passed. You are generally not eligible if:
• You have an outstanding charge or are currently before the courts
• You were convicted of certain sexual offences, including any offence involving a minor
• You were convicted of four or more indictable offences, each with a sentence of 2+ years
• You have not fully paid all fines, surcharges, or restitution tied to your sentence
If any of these apply to your situation, it doesn't necessarily mean there's no path forward, but a standard record suspension may not be the right tool, and it's worth having your specific case reviewed.
FAQs
Offence Type
Waiting Period
Summary offence(s)
Indictable offence(s) 10 years after full sentence completion
5 years after full sentence completion
Important: these are the current waiting periods, but the rules that apply to your case depend on when you committed your first offence, not when you're applying. Older convictions may fall under earlier, shorter waiting periods:
Before June 29, 2010: 3 years (summary) or 5 years (indictable)
June 29, 2010 – March 12, 2012: 3 years (summary), 5 years (most indictable), or 10 years (serious personal injury offences with a sentence of 2+ years)
On or after March 13, 2012: 5 years (summary) or 10 years (indictable) — the current standard
As of March 2020, these historical rules are applied based on your first offence date, not retroactively enforced under the newer, longer waiting periods. This matters — if your offence is older, you may be eligible sooner than the current 5/10-year rule suggests.