Criminal Records Act

Marginal note:Record suspension

• 4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that

  • (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

  • (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

• Marginal note:Onus on applicant

  (2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

• Marginal note:Factors

  (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

  • (a) the nature, gravity and duration of the offence;

  • (b) the circumstances surrounding the commission of the offence;

  • (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

  • (d) any factor that is prescribed by regulation.