Canadian Record Suspension vs US Expungement

A Canadian record suspension, ordered by the Parole Board of Canada, sets a Canadian conviction aside. A US expungement is a state court order that seals or dismisses a US record. Neither one automatically fixes inadmissibility for a foreign conviction, because Canada applies IRPA s.36 itself. A TRP, Criminal Rehabilitation or deemed rehabilitation is the usual route. An officer or the Minister decides each case under Canadian law.

See which IRPA sections apply with the Admissibility Explorer

Last verified: November 2026

$246.25
IRCC’s Temporary Resident Permit fee, per person
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
Over a year
How long IRCC says rehabilitation applications can take

Fees change periodically, so verify the current amounts on the official IRCC fee list before you pay. The Fee Calculator shows them.

What is a Canadian record suspension?

A record suspension (called a “pardon” until March 13, 2012) is a formal legal process under Canada’s Criminal Records Act (CRA), administered by the Parole Board of Canada (PBC). It applies to Canadian convictions only.

When a record suspension is ordered:

The record is removed from the Canadian Police Information Centre (CPIC) database and kept separate and apart from other criminal records. The Parole Board says a record suspension does not erase a conviction, but sets it aside.
It ceases to have effect on a new conviction for an indictable or hybrid offence (CRA s.7.2), and the Board can revoke it for a new summary conviction, for no longer being of good conduct, or for a false statement in the application (CRA s.7).

Summary conviction offence: 5 years after completing all sentences, where the first offence was committed on or after March 13, 2012.
Offence prosecuted by indictment: 10 years after completing all sentences, on the same condition.

What is a US expungement?

In the United States, an expungement is a court order that typically seals, dismisses, or destroys the criminal record of a conviction or arrest, making it unavailable for most public or background check purposes. The US Department of Justice calls expungement a judicial remedy and says states have different procedures for expunging a conviction or clearing a record, so the scope and effect vary.

Common types of US record relief that people assume will help in Canada:

Expungement: a court order sealing or destroying the record.
Pardon: executive clemency. The US Department of Justice says a presidential pardon does not erase or expunge the conviction.
Record sealing: restricts public access, but the record still exists.
California PC 1203.4: withdrawal of the guilty plea and dismissal. The California PC 1203.4 guide covers it.

Why does Canada not recognize most foreign expungements?

IRPA s.36(3)(b) lists what takes a conviction out of the test: a record suspension under the Criminal Records Act and a final acquittal. It names no foreign relief. IRPA s.36(3)(c) adds rehabilitation, approved by the Minister or through membership in a prescribed class that is deemed rehabilitated.

IRCC says foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.

IRCC’s instructions to officers say a foreign pardon does not necessarily make a person admissible. The foreign law is examined to see whether it erases the conviction or merely recognizes that rehabilitation has taken place.

The rule

Canada assesses inadmissibility under Canadian law (IRPA), not under the laws of the country where the conviction occurred.

IRPA s.36Verify on justice.gc.ca

How do a record suspension and an expungement compare?

A Canadian record suspension matters for Canadian convictions: IRPA s.36(3)(b) says inadmissibility may not be based on a conviction for which a record suspension has been ordered and is still in effect. It has no bearing on a conviction that happened in another country, and the Parole Board says it does not guarantee entry or visa privileges to another country.

If you have convictions in Canada and convictions or offences outside Canada, IRCC says both a record suspension and an approval of rehabilitation are required.

A Canadian record suspension and a US expungement side by side
Feature	Canadian record suspension	US expungement
Governing law	Criminal Records Act (Canada)	State law (varies by state)
Issuing authority	Parole Board of Canada	A court, under that state’s procedures
Recognized by IRCC for foreign records?	N/A, applies to Canadian records only	Not automatically: IRCC says a person pardoned or discharged outside Canada may still be inadmissible
Fixes Canadian inadmissibility?	Yes, for the Canadian conviction it covers (IRPA s.36(3)(b))	Not on its own: the visa office says whether foreign relief is valid in Canada

What can a border officer see?

The manual for port of entry examinations (ENF 4) says CBSA officers use the Canadian Police Information Centre (CPIC) to identify travellers with outstanding warrants and criminal history records. It says a query of the US National Crime Information Center (NCIC) is never routine: it needs reasonable suspicion of criminal activity. No official source says whether an expunged US entry still shows in either system.

What resolves inadmissibility for a foreign conviction?

Temporary Resident Permit (TRP), IRPA s.24(1): For an immediate or time-limited travel need, at $246.25 per person. A TRP is valid for three years at most (IRPR s.63), leaves the inadmissibility in place and is fully discretionary: an officer decides whether the need to enter outweighs the health or safety risks to Canadian society.
Criminal Rehabilitation, IRPA s.36(3)(c) and IRPR s.17: An application you can make once at least 5 years have passed since you completed your full sentence, including any fines, probation and parole. The fee is $246.25 for non-serious criminality and $1,231 for serious criminality, and IRCC says these applications can take over a year. IRCC says rehabilitation removes the grounds of criminal inadmissibility, so you do not need a new permit for each trip.
Deemed rehabilitation, IRPA s.36(3)(c) and IRPR s.18: No application or fee, and an officer checks the conditions. It covers a single offence equivalent to an indictable Canadian offence with a maximum under 10 years, 10 years from sentence completion (IRPR s.18(2)(a)), or two or more convictions that would all be summary conviction offences in Canada, 5 years from completion of the sentences (IRPR s.18(2)(b)). It is never available for serious criminality.

A US expungement, sealing, or pardon can be filed as evidence in a TRP or Criminal Rehabilitation application. It does not, by itself, resolve inadmissibility. An officer (for a TRP) or the Minister or a delegate (for Criminal Rehabilitation) decides each case under Canadian law.

Which free tool checks your own case?

Free, with no account. What you enter in a tool stays in your browser.

What do people ask?

What is record expungement?

In the United States, an expungement is a state court order that seals, dismisses or destroys the record of a conviction or arrest, so it no longer shows in most public background checks. The US Department of Justice says states have different procedures, so the scope and effect vary. For a pardon or discharge granted outside Canada, IRCC says a person may still be inadmissible. Our Expunged Records guide covers how Canada reads a sealed or expunged record.

Record suspension vs expungement: are they the same thing?

No. They are different tools from different legal systems. A Canadian record suspension is ordered by the Parole Board of Canada under the Criminal Records Act and sets a Canadian record aside. A US expungement is a state court order under that state's own law. IRPA s.36(3)(b) names only the Canadian record suspension and a final acquittal, and Canada assesses inadmissibility under IRPA s.36 on its own terms. Our Pardoned Offences guide covers foreign pardons.

My US conviction was expunged 5 years ago. Can I enter Canada?

Not automatically. For a pardon or discharge granted outside Canada, IRCC says a person may still be inadmissible, and that the visa office will say whether it is valid in Canada. No official source says whether an expunged entry still shows in a check, and an officer can ask. If the underlying offence makes you inadmissible under IRPA, the routes are deemed rehabilitation, a TRP or Criminal Rehabilitation. Our TRP vs Criminal Rehabilitation guide compares the two.

I received a US presidential pardon. Does that help in Canada?

It may, but it does not open the door by itself. The US Department of Justice says a presidential pardon does not erase or expunge the conviction. IRCC says a person pardoned outside Canada may still be inadmissible, and that the visa office for the region will say whether the pardon is valid in Canada. You can file the pardon as evidence in a TRP or Criminal Rehabilitation application, and an officer decides. Our Pardoned Offences guide explains how Canada treats foreign pardons.

Does a Canadian record suspension help a foreign national enter Canada?

Only for a Canadian conviction. A record suspension applies to Canadian criminal records alone, so if your inadmissibility comes from a foreign conviction, it has no bearing on your admissibility. If you also have a Canadian conviction, IRPA s.36(3)(b) takes it out of the test while the suspension stands, and the foreign ground stays in place. Our Criminal Inadmissibility (IRPA s.36) guide explains how foreign convictions are assessed.

My conviction was sealed, not expunged. Does Canada treat sealed records differently?

No. Sealing is not on the list in IRPA s.36(3)(b), which names only a Canadian record suspension and a final acquittal, so a sealed conviction can still be assessed under IRPA s.36. No official source says whether a sealed entry shows in a check at the border, and an officer can ask about it. IRPA s.16(1) requires a truthful answer. Our Expunged Records guide covers sealing and expungement side by side.

Should I just stay quiet about my expunged conviction at the border?

No. IRPA s.16(1) requires a person to answer truthfully all questions put to them, and misrepresentation under IRPA s.40 can make you inadmissible for five years on top of any criminal ground. The manual for port of entry examinations says officers use police record systems to identify criminal history. Where a route is needed, the law provides deemed rehabilitation, Criminal Rehabilitation and a TRP. Our Denied Entry to Canada guide explains what happens at secondary inspection.

Does the date of my expungement reset the rehabilitation clock?

No. For deemed rehabilitation and for the 5-year wait before applying for Criminal Rehabilitation, the clock runs from the date you completed your full sentence, including any fine, probation and parole, not from the date your record was expunged or sealed. An expungement does not speed up or replace these timelines. Our Rehabilitation Calculator counts the dates from your sentence completion.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.