A criminal record in Canada can have long-lasting consequences that affect travel, employment, and even housing. Many Canadians—especially those who have been convicted of relatively minor offences—wonder how long that record stays on file and whether it ever disappears on its own. The short answer is: unless action is taken, a criminal record can remain indefinitely. Understanding how criminal records work in Canada is essential for protecting your future opportunities and knowing your legal options.
What Is a Criminal Record in Canada?
A criminal record is a formal record maintained by the Royal Canadian Mounted Police (RCMP) that documents a person’s interactions with the criminal justice system. This typically includes information about:
- Convictions from adult criminal court
- Fingerprints and photographs taken during arrest
- Court outcomes, including stays or dismissals
- Discharges and pardons (also known as record suspensions)
Youth records are handled differently and are often subject to specific timelines governed by the Youth Criminal Justice Act.
Do Criminal Records Ever Expire?
Contrary to popular belief, criminal records do not automatically expire after a certain number of years. If you are convicted of a crime, that conviction remains on your record indefinitely unless you actively apply for a record suspension (formerly called a pardon). This applies to both summary and indictable offences.
Some exceptions exist for absolute and conditional discharges:
- Absolute discharges are removed automatically from your record after one year.
- Conditional discharges are removed after three years, assuming you comply with the conditions set by the court.
These timelines are automatic under the Criminal Records Act and do not require an application.
How Long Does a Youth Record Last?
Youth records are handled differently from adult records. The duration a youth record stays active depends on the outcome and seriousness of the offence. For example:
- A youth summary conviction is usually removed after 3 years following the completion of the sentence.
- A youth indictable conviction may remain for 5 years after sentence completion, provided no further offences occur during that time.
If a young person is convicted again during the retention period, the timelines may reset, and the youth record could become part of their adult record.
What About Non-Conviction Records?
Even if you are not convicted, you may still have a police record if you were arrested, charged, or fingerprinted. This includes situations where charges are withdrawn, stayed, or result in an acquittal. These types of records are known as “non-conviction records” and may still appear in certain types of background checks, particularly vulnerable sector checks.
Removing these records typically requires a legal process known as file destruction or purging of fingerprints, which varies by police jurisdiction.
Can a Criminal Record Affect Employment or Travel?
Yes. Criminal records can show up in background checks for jobs, especially those involving children, vulnerable persons, or financial responsibility. They can also impact:
- Travel to countries like the United States
- Immigration and citizenship applications
- Rental housing approvals
- Volunteer opportunities
Even an old or seemingly minor conviction can result in complications when crossing international borders or applying for certain professional licenses.
How to Remove a Criminal Record in Canada
The most effective way to remove a criminal record is through a record suspension. This is a formal process governed by the Parole Board of Canada that seals your criminal record from public view.
Eligibility requirements for a record suspension include:
- A waiting period of 5 years for summary offences
- A waiting period of 10 years for indictable offences
- Completion of all sentences, including fines and probation
- Demonstrated good conduct
It’s important to note that a record suspension does not erase the conviction—it simply separates it from publicly accessible criminal record databases, making it less likely to appear on background checks.
When to Speak With a Criminal Lawyer
If you’re unsure whether your record is still active, eligible for removal, or how it might affect your future, speaking with a criminal defence lawyer is a critical first step. Legal advice can help you determine whether you’re eligible for a record suspension, file destruction, or whether your youth record has been purged. It can also guide you through correcting errors in your police file or challenging an unfair disclosure in a background check.
Schedule a Free Consultation With De Boyrie Law
Having a criminal record can impact your future in ways that are often unexpected. Whether you’re dealing with an old conviction or want to explore your options for file destruction, De Boyrie Law is here to help. Schedule a free consultation today to get clear, confidential guidance on your legal options,