Area of Law: Criminal Records
Answer # 2174
Who can apply for a Record Suspension?Region: Ontario Answer # 2174
Any adult, if convicted of an offence under a Canadian federal law, such as the Criminal Code and the Controlled Drugs and Substances Act, may apply for an Record Suspension (RS). This is true even if the person is not a Canadian citizen, does not have any other type of Canadian immigration status, or lives outside of Canada. Offences committed by youth generally do not require an RS to be removed. However, there are instances where young offender records are considered to be part of the person’s adult criminal record. In those instances an RS would be needed.
Where someone is convicted of a crime outside of Canada, they can apply for a Canadian RS if they were transferred to Canada under the Transfer of Offenders Act, or the International Transfer of Offenders Act.
If you have been charged with a criminal offence, refer to our criminal law section.
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