Record Suspension (Pardon) for Assault Convictions: Step-by-Step Guide

What Is a Record Suspension in Canada?

Record Suspension vs. the Former Term “Pardon”

Many people still use the word “pardon,” but the correct legal term in Canada today is record suspension.

• Before 2012, Canada used the term pardon
• The law was amended, and the official terminology changed to record suspension
• A record suspension does not erase a conviction
• Instead, it separates the criminal record from active police databases

A record suspension does not rewrite history, but it significantly limits who can access your record in everyday situations.

Governed by the Parole Board of Canada (PBC)

All record suspension applications in Canada are reviewed and decided by the Parole Board of Canada.

Key points about the PBC process:

• The Parole Board operates independently from the courts
• Applications are reviewed on paper, not through a court hearing
• The Board assesses eligibility, completion of sentence, and conduct since conviction
• Decisions apply nationally, including Alberta and Calgary

Effect of a Record Suspension on a Criminal Record

Once granted, a record suspension:

• Removes your criminal record from CPIC searches
• Prevents most employers from seeing the conviction during background checks
• Reduces barriers to housing, volunteering, and education
• Allows greater freedom when applying for work within Calgary and across Canada

How Record Suspensions Apply to Assault Convictions

Assault offences under the Criminal Code range widely in seriousness, including:

• Simple assault
• Assault causing bodily harm
• Assault with a weapon
• Domestic-related assault offences

In many cases, assault convictions are eligible for a record suspension once:

• All jail, probation, fines, and surcharges are fully completed
• The required waiting period has passed (generally 5 or 10 years, depending on offence type)
• There are no new convictions during the waiting period

Waiting Periods for Assault Record Suspensions

Waiting Periods after Completion of Sentence

The waiting period depends on how the assault offence was prosecuted under the Criminal Code.

• 5 years
  Applies to summary conviction assault offences
• 10 years
  Applies to indictable assault offences

What “Completion of Sentence” Means in Alberta

Jail Time

• The sentence completion date includes the final day of custody
• Conditional sentences or intermittent sentences must be fully served
• Early release or parole does not shorten the waiting period start date unless the sentence itself is legally completed

Probation

• The waiting period begins after the final day of probation
• Even administrative breaches or extensions can reset timelines
• Many Calgary assault cases involve lengthy probation with counselling or no-contact conditions

Fines, Surcharges, and Restitution

All financial penalties must be fully paid, including:

• Criminal fines
• Victim fine surcharges
• Restitution orders

If even a small balance remains unpaid, the sentence is not complete, and the waiting period does not start.

Common Delays Caused by Unpaid Fines in Calgary

In Calgary, unpaid fines from Calgary Provincial Court are one of the most frequent and avoidable causes of delay.

Common issues include:

• Old fines assumed to be paid but never cleared
• Missed victim fine surcharges added automatically
• Payment records not properly updated
• Interest or enforcement fees still outstanding

Step 1: Confirm Sentence Completion in Calgary

Obtaining Court Information from Calgary Courts

You can request court information from Calgary Provincial Court registries to confirm:

• The offence(s) of conviction
• The sentence imposed
• Key dates tied to completion

Confirming Probation and Conditional Orders Are Completed

If your assault conviction included probation or conditional orders:

• The waiting period starts only after the final day of probation
• Any extensions, amendments, or breaches can affect eligibility
• Mandatory counselling or no-contact conditions must be fully satisfied

Checking Payment Status of Fines and Victim Surcharges

All financial penalties must be fully paid, including:

• Fines
• Victim fine surcharges
• Restitution (if ordered)

Why Incomplete Records Delay Applications

If sentence completion cannot be clearly proven:

• The application may be delayed for months
• Additional documentation may be requested
• The application may be refused outright

Confirming completion at the outset avoids costly mistakes and lost time.

Step 2: Obtain Required Documents

Once sentence completion is confirmed, the next step is gathering the required documents. Accuracy and consistency are critical.

Criminal Record from the RCMP (Fingerprints Required)

You must obtain a certified criminal record through the Royal Canadian Mounted Police.

• Fingerprints are mandatory
• The record must be current and official
• This document forms the backbone of your application

Court Information from Calgary Court Registries

Court documents confirm:

• Exact Criminal Code sections
• Dates of conviction and sentence
• How the Crown proceeded (summary or indictable)

Local Police Record Check from the Calgary Police Service

A local police record check from the Calgary Police Service is required.

• Shows local police interactions
• Identifies any outstanding matters
• Confirms good conduct since conviction

Step 3: Completing the Record Suspension Application

The application itself is reviewed by the Parole Board of Canada and must be completed carefully and honestly.

Filling Out Application Forms

Applicants must:

• Complete all required sections fully
• Use clear, factual language
• Avoid omissions or assumptions

Listing All Convictions Accurately

Every conviction must be disclosed, including:

• Older or minor offences
• Summary convictions
• Offences you believe may no longer matter

Failure to disclose any conviction can result in refusal.

Explaining the Circumstances of the Assault Offence

You will be required to provide a written explanation of:

• What occurred
• Your role and responsibility
• Insight gained since the offence

Demonstrating Rehabilitation and Law-Abiding Behaviour

Strong applications clearly show:

• No further criminal behaviour
• Stability in employment or education
• Positive lifestyle changes

Common Mistakes That Lead to Refusal

• Missing or inaccurate conviction details
• Inconsistent dates across documents
• Minimizing or denying responsibility
• Submitting before eligibility begins

Step 4: Submitting Fees and Supporting Materials

Government Application Fees

A mandatory federal application fee must be paid at submission. Applications without proper payment will not be processed.

Optional Supporting Letters

While not required, supporting documentation can significantly strengthen an assault-related application, including:

• Employment references
• Proof of community involvement
• Character reference letters

How Positive Documentation Strengthens Assault Applications

Assault convictions receive careful review due to public safety considerations. Well-prepared supporting materials can:

• Reinforce credibility
• Show long-term behavioural change
• Address concerns about risk

A Calgary-based criminal defence lawyer brings more than general knowledge – they offer local and procedural insight. For applicants with complex assault histories, legal strategy often makes the difference between approval and years of additional waiting.