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Policy updateUpdated September 30, 2026 7 min

Pardons, U.S. Waivers and Expungements in 2026: What Changed and What Didn't

General information, not legal advice.

The short version: Canada's record suspension (pardon) rules have not changed this year. The fee is still $50, and a bill proposing automatic "record expiry" is still in the Senate. What has changed is the border. The U.S. now collects biometrics from every non-citizen who enters, Canada raised its fees for visitors with a record, and a trucking program closed on September 1. If a record affects your work, travel or plans, here's what you need to know.

1. Canadian record suspensions: what's the same in 2026

A record suspension (still commonly called a pardon) keeps a criminal record separate from other records. That can matter for jobs, housing and volunteering.

What stays the same:

  • The Parole Board of Canada fee is $50. It has been since January 1, 2022. Fingerprints, court documents and local police checks cost extra.
  • Waiting periods depend on when you first offended. For offences on or after March 13, 2012, the wait is 5 years for summary and 10 years for indictable convictions. The clock starts only after your whole sentence is complete, including fines, restitution, probation and parole.
  • Processing targets once an application is accepted: about 6 months for summary offences and 12 months for indictable ones. Cases heading toward a refusal can take up to 24 months.
  • You don't need a lawyer or a paid service to apply. Many people still choose help to get the paperwork right the first time.

By the numbers: In 2024–25 the Parole Board received 17,072 applications and accepted 71% for processing. About 21% were rejected at screening, usually because documents were missing or incomplete.

Why it matters: a rejected application doesn't just cost time. You often have to gather documents again. Checking your eligibility and document list first is the cheapest step.

What about "automatic pardons"?

You may have seen headlines about Senate Bill S-207. It would replace today's application system with automatic "record expiry" and remove the fee. It is not law. As of this update, it's at second reading in the Senate and hasn't reached the House of Commons. Until something passes, the current process is the only process.

2. Canadians travelling to the U.S.: the border got stricter

A Canadian record suspension does not guarantee entry to another country. The U.S. makes admissibility decisions under its own law. That hasn't changed. What has changed is how closely people are screened.

New in the last year:

  • Biometrics for all non-citizens. Since December 26, 2025, U.S. rules allow photographs and biometrics to be collected from all non-citizens at air, sea and land ports.
  • Longer stays mean registration. Since April 2025, many visitors staying 30 days or more must register. Snowbirds, take note.

If you need a U.S. entry waiver (Form I-192):

  • The government filing fee is US$1,100, filed online through CBP's e-SAFE system.
  • Preclearance offices no longer accept waiver applications.
  • Your RCMP criminal record check must be dated within 15 months of submission.
  • CBP's own guidance says a full review can take six months or longer. Plan well ahead of any trip.

Why it matters: if an old conviction could come up at the border, the time to look into it is before you book, not at the booth.

3. Americans visiting Canada with a record

Canada has its own admissibility rules, and a U.S. conviction can make someone inadmissible.

  • Impaired driving is treated as serious criminality for convictions on or after December 18, 2018. This catches many travellers with a single DUI off guard.
  • Deemed rehabilitation: for some older, less serious convictions, people may be considered rehabilitated after 10 years from the end of all sentences. No application or fee is needed.
  • IRCC fees rose on December 1, 2025. Current fees:
    • Temporary Resident Permit: $246.25
    • Criminal rehabilitation (criminality): $246.25
    • Criminal rehabilitation (serious criminality): $1,231

Does a U.S. expungement or "clean slate" sealing help?

More U.S. states now seal records automatically. According to the Clean Slate Initiative, about 13 states plus D.C. have these laws, and Illinois and Virginia added programs this year. For Canadian entry, IRCC reviews foreign pardons and expungements case by case. They are not automatically recognized, so don't assume a sealed record means a clear crossing.

4. Cross-border drivers and fleets

  • CBSA ended its Commercial Driver Registration Program on September 1, 2026. Commercial drivers are directed to FAST, and a criminal record can affect FAST eligibility.
  • In the U.S., the FMCSA has proposed (not finalized) making English-proficiency failures an out-of-service violation.

For fleets: record-related border questions are easier to handle before dispatch than after a load is booked. A private check lets drivers find out where they stand on their own time.

5. Employers, staffing and volunteer organizations

  • Vulnerable sector checks can still disclose certain suspended records, specifically sexual offences, with ministerial approval, and may require fingerprints.
  • A record suspension can make a big difference for most standard record checks. That's why many candidates look into it before a new job, promotion or lease.

Quick FAQ

Is a pardon the same as a record suspension?

Yes. "Record suspension" has been the official term since 2012. Most people still say pardon.

Does a Canadian pardon let me into the U.S.?

It doesn't guarantee entry. The U.S. decides admissibility under its own law, and many Canadians with a record look into a U.S. entry waiver.

How much does it cost to apply for a record suspension?

The Parole Board fee is $50. Fingerprints, court documents and police checks cost extra.

Are pardons automatic now?

No. Bill S-207 proposes automatic record expiry, but it hasn't passed.

I'm American with a DUI. Can I visit Canada?

It depends on when and how you were convicted. For convictions on or after December 18, 2018, impaired driving is serious criminality. Options can include criminal rehabilitation or a temporary resident permit.

Not sure where you stand?

Every situation is different. The RSC Eligibility Check™ is a private, online way to see which record-support pathway may be relevant to you.

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Record Support Canada is an independent educational and referral resource. It is not affiliated with any government. This article is general information, not legal advice, and no outcome, timeline or approval is guaranteed. Fees and rules change, so confirm with the official sources below before you apply.

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