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Ontario|Criminal LawCriminal Records 798 Erase or remove your criminal record: Pardons, File Destructions, and U.S.A. Entry Waivers
The rules for erasing your criminal record and getting a U.S.A. entry waiver are constantly changing.
To receive the latest information, call Pardons Canada in Toronto.
Answers to frequently asked questions on this topic are pre-recorded 24 hrs/day and counsellors are available to speak with you and answer questions from 8:30 am to 5:00 pm, Monday through Friday.
The telephone number for Pardons Canada is (416) 929-6011 or, press '0' at any time while listening to this message.
If you have been accused and charged with a crime and you were fingerprinted, or you attended criminal court, you do have a criminal record. Even if you were found not guilty, once you have been accused and charged with a criminal offence, a record does exist, and you must complete paperwork to have your record destroyed or sealed. It will not go away by itself.
After being charged and fingerprinted, the police and the RCMP will assign a fingerprint number to your name and date of birth before you even go to court.
If you were found not guilty or you were found guilty but not convicted, you may apply to have all the related police, court, photographs, fingerprints and RCMP paperwork completely destroyed. Eligibility periods range from 3 months for withdrawn, dismissed or acquitted to one year for absolute discharges, and 3 years for conditional discharges. These waiting periods begin as of your final court date.
If you have been found guilty and convicted of a criminal offence you will require a pardon to have your record removed from public access. You are eligible to receive your pardon after 3 or 5 years have passed since the completion of the sentence given to you by the court. Whether you must wait 3 or 5 years depends on the charge and whether you were found guilty by summary or by indictment.
It is important to start a pardon as soon as possible. As soon as your punishment has been completed, whether it is community hours, a fine, probation, or jail, it is in your best interest to start your paperwork as soon as possible.
There are two parts to removing a criminal record. Provincial and federal records must be collected. This information is then used to complete the destruction or pardon application process.
In order to remove your criminal record, it is necessary to collect your photographs, fingerprints, and police, court and RCMP records for each offence. The police, court, RCMP and National Parole Board all charge fees for their services.
It takes between 3 - 18 months to complete the process. Call Pardons Canada in Toronto, or press "0" and ask a counsellor to tell you exactly what time frame to expect based on your situation because every file is unique.
It is an easy process and nothing to be afraid of because the counsellor will do all of the paperwork with you.
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