Intro
With cannabis legalized in Canada, many individuals with past cannabis-related convictions are seeking to have their records cleared. Expungement or record suspension can help people access better job opportunities, housing, and financial aid. This guide outlines the process of clearing your cannabis record in Canada, the difference between expungement and record suspension, and how to apply.
Expungement vs. Record Suspension in Canada
In Canada, cannabis convictions are generally not “expunged” but rather “suspended.” Here’s the difference:
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- Expungement: Permanently deletes a criminal record, as if the offense never occurred. Only granted for convictions deemed a “historical injustice.”
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- Record Suspension (Pardon): Seals the record so it is not visible in criminal background checks but does not erase it.
Currently, the Canadian government offers record suspensions for simple cannabis possession charges but not for trafficking or production offenses.
Who Qualifies for a Cannabis Record Suspension?
You may be eligible for a free record suspension if:
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- You were convicted of simple possession of cannabis before legalization (October 17, 2018).
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- You have completed your sentence, including any probation or fines.
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- You have no outstanding criminal charges.
Note: More serious offenses, such as trafficking or illegal distribution, are not eligible under this program.
How to Apply for a Cannabis Record Suspension
Step 1: Gather Your Documents
You will need:
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- A copy of your criminal record from the RCMP (Royal Canadian Mounted Police).
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- Court documents showing details of your conviction and sentence.
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- A local police record check from the jurisdiction where you were convicted.
Step 2: Complete the Application
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- The official Cannabis Record Suspension Application form is available from the Parole Board of Canada (PBC) website.
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- Fill out all required fields accurately.
Step 3: Submit Your Application
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- Send your completed application and required documents to the Parole Board of Canada.
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- No application fee is required (unlike regular record suspensions, which typically cost $50+).
Step 4: Wait for Processing
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- Processing times vary, but most applications are reviewed within 6 to 12 months.
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- Once granted, your conviction will be sealed from standard background checks.
What If I Have Other Cannabis-Related Convictions?
If you were convicted of cannabis trafficking, production, or distribution, you may still apply for a regular record suspension, but fees and waiting periods apply.
Additional Resources
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- Parole Board of Canada (PBC) – https://www.canada.ca/en/parole-board.html
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- RCMP Criminal Records Check – https://www.rcmp-grc.gc.ca/
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- Legal Aid Clinics – Many provinces offer free legal support for record suspension applications.
Conclusion
Expunging your cannabis record in Canada is possible through a record suspension for simple possession offenses. The process is free, but requires gathering official documents and submitting an application to the Parole Board of Canada. By taking these steps, you can clear your record and move forward with new opportunities.
