When can I apply for a record suspension?
- Kate Mitchell
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The waiting period depends on whether the Crown proceeded summarily or indictably. Indictable offences are more serious and carry higher maximum sentences.
If the Crown proceeded summarily, then the waiting period is 5 years. If the Crown proceeded by indictment, then the waiting period is 10 years. (If you’re unsure of how the Crown proceeded, contact the court where your matter was prosecuted to get more information.)
Note that the waiting period isn’t from the date of sentencing: it’s from the time the sentence has been served.
This means the clock only starts after jail time has been served, probation complete, and fines and restitution paid. This means individuals may need to wait significantly longer than 5 or 10 years to apply for a record suspension.
It’s possible to bring an application to the sentencing judge to reduce the time on probation, which (if granted) could reduce the waiting period.
Unpaid fines are a common concern. Individuals may not have been aware that money was owing or didn’t keep records to confirm payment. So even if more than a decade has gone by since being sentenced, the waiting period will not have started if there’s still an unpaid fine or restitution owing.
If you need advice or assistance with applying for a record suspension, contact us today.