February 8, 2024
Record Suspension in Canadian Immigration
While not an immigration application, a record suspension can be a valuable tool for those who have been previously convicted in Canada and may be seeking to return or remain in Canada. A record suspension “has the effect of removing a person’s criminal record from the Canadian Police Information Centre (CPIC) database.” This means that following a record suspension, a search of the CPIC will not show a criminal record or a record suspension.
Only certain individuals meeting specific eligibility requirements may apply for a record suspension, namely, those convicted of an offence in Canada under a federal act or regulation as an adult, and/or individuals who were convicted of a crime in another country and were transferred to Canada while serving that sentence. Certain offences will still be flagged in the CPIC, for example, offences for former sexual offenders. The detailed eligibility requirements, including the period of time that an individual must wait after completing all sentences, is outlined here.
For the purposes of Canadian immigration law, being granted a record suspension which has not been revoked or ceased can have the effect of resolving an individual’s inadmissibility based on criminality for a conviction in Canada.
If you would like to know whether you may be criminally inadmissible, or if you would like to discuss your eligibility for a record suspension, feel free to contact our office and schedule a consultation.