Marginal note:Restrictions on application for record suspension
4. (1) A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
(a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or
(b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).
Marginal note:Ineligible persons
(2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of
(a) an offence referred to in Schedule 1; or
(b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.
(3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that
(a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;
(b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and
(c) the person was less than five years older than the victim.
Marginal note:Onus — exception
(4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.
Marginal note:Amendment of Schedule 1
(5) The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence.
- R.S., 1985, c. C-47, s. 4;
- R.S., 1985, c. 1 (4th Supp.), s. 45(F);
- 1992, c. 22, s. 4;
- 2000, c. 1, s. 1(F);
- 2010, c. 5, s. 2;
- 2012, c. 1, s. 115.
Marginal note:Exception — long-term supervision
4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1).
- 1997, c. 17, s. 38;
- 2012, c. 1, s. 115.
- Date modified: