Can a record suspension be revoked?
- Kate Mitchell
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Yes, record suspensions can be revoked. In some cases, revocation is automatic, and in other cases the Parole Board of Canada has discretion.
A record suspension is automatically revoked (a) if the pardoned person is convicted of an indictable or hybrid offence (excluding impaired driving), or (b) if the Board receives new information confirming that the person was not eligible for a record suspension at the time it was ordered.
The Board may revoke a suspension if the pardoned person (a) is convicted of another offence (one that does not lead to an automatic revocation), (b) is no longer of good conduct, or (c) made false or deceptive statements in the record suspension application or knowingly concealed relevant material.
In these cases, the Board must look at the circumstances and decide whether the record suspension should be revoked. The pardoned person has the opportunity to make submissions to the Board, which is often done in writing.