A pardon is a legal process that clears a criminal conviction. In most cases, a pardon is enough to stop the conviction from showing up on the checks that matter for a job, a licence, or crossing a border.
Pardon vs Record Suspension
Many people still use the term “DUI pardon” and even Toronto DUI lawyers still use it conversationally, but the process is now formally known as record suspension. Both mean the same legal process and outcome. Officially, though, The Safe Streets and Communities Act renamed “pardon” to “record suspension” under the Criminal Records Act.
Getting a DUI Pardon in Canada
The Waiting Period
After getting a conviction, you can’t apply for pardon in Canada right away. You will have to wait the required period, which depends on the type of conviction.
| Summary Conviction | 5 years |
|---|---|
| Indictable Conviction | 10 years |
Impaired driving has been a hybrid offence since Bill C-46 took effect back in 2018, meaning the Crown can pick either route depending on the situation. Most first-offence DUIs proceed summarily, but it ultimately depends on the severity and specific circumstances of the incident.
Another important detail is that this waiting period doesn’t start at conviction. It starts only when you complete your full sentence, fines, probation, and the driving prohibition included.
How to Apply for Pardon in Canada
In order to apply, you will need to collect local police records, your fingerprints, and court documents. The application goes through the Parole Board of Canada, and the government fee is $50. Processing takes roughly 6 months for a summary conviction file. An indictable file takes closer to 12 months, once the Board accepts the application as complete.
Record Suspension and US Border Records
A Canadian record suspension carries no weight with US border officials. Canada shares criminal history data with the FBI’s databases. Even when you get a record suspension in Canada, the conviction usually stays visible in that database. Anyone planning to cross into the US with a DUI on file in most cases needs a separate US entry waiver.