Can an Impaired Driving Charge Be Expunged in Calgary?
                     
Can an Impaired Driving Charge Be Expunged in Calgary?
Contents
......................................................................................................................................................................
Expungement vs. Record Suspension in Canada..................................................................................... 3
Eligibility Criteria for a Record Suspension in Calgary .......................................................................... 3
5-Year Waiting Period for Summary Convictions .............................................................................. 4
10-Year Waiting Period for Indictable Offences ................................................................................. 4
Completion of All Sentencing Requirements ...................................................................................... 4
No New Charges or Convictions During the Waiting Period .............................................................. 4
Required Documentation and Application Steps..................................................................................... 4
Obtain a Certified Criminal Record Check Using Fingerprints ........................................................... 5
Gather Court Records and Proof of Sentence Completion from Calgary Courts ................................. 
5
Complete Parole Board of Canada Application Forms Accurately ..................................................... 
5
Include Personal Statement and References If Applicable .................................................................. 6
Costs and Timelines for Calgary 
Applicants ........................................................................................... 6
Application Fee Payable to the Parole Board of Canada ..................................................................... 6
Additional Fees for Fingerprinting, Document Collection, and Postage ............................................. 
6
Average Processing Time: 6 to 12 Months Depending on Case Complexity ...................................... 7
How a Calgary Criminal Defence Lawyer Can 
Help .............................................................................. 8
Reviewing Your Eligibility and Advising on Documentation ............................................................. 8
Ensuring All Forms Are Properly Completed and Submitted ............................................................. 8
Helping Draft a Compelling Personal Statement................................................................................. 9
Increasing the Chances of a Successful Application Through Legal Expertise ................................... 
9
When to Contact a Calgary Lawyer .................................................................................................... 9
Contact Details of Calgary Defence Lawyer .......................................................................................... 
10
Expungement vs. Record Suspension in Canada
When it comes to clearing a criminal record in Canada, it’s important to 
understand the distinction between expungement and record suspension.
Expungement is exceptionally rare in Canada.
This legal process is reserved for removing convictions related to 
historical injustices, such as laws that discriminated against LGBTQ+ 
individuals. Expungement is typically granted only in extraordinary 
cases where the original law itself was deemed unjust and 
discriminatory.
Impaired driving convictions do not qualify for expungement. 
Under current federal and provincial laws, impaired driving offences— 
whether alcohol or drug-related—are not eligible for expungement.
These convictions are considered legitimate under current Canadian law 
and therefore remain on your criminal record unless you take further 
action.
Record suspension is the legal pathway available for most 
individuals.
Previously known as a “pardon,” a record suspension does 
not erase a
conviction but sets it aside, meaning it is removed from active criminal 
records and will not show up in most background checks. This is often 
the most practical solution for individuals convicted of impaired driving 
in Calgary.
Eligibility Criteria for a Record Suspension in Calgary
Here’s what you need to know if you're seeking a record suspension for 
an impaired driving conviction in Calgary:
5-Year Waiting Period for Summary Convictions
If you were convicted of impaired driving as a summary offence, you 
must wait five years from the date you completed all sentencing 
requirements. This includes paying fines, completing probation, or 
serving any jail time.
10-Year Waiting Period for Indictable Offences
If your impaired driving conviction was treated as an indictable offence, 
the waiting period increases to ten years. This applies to more serious 
cases, such as those involving bodily harm or multiple offences.
Completion of All Sentencing Requirements
You must complete all components of your sentence before the waiting 
period begins. This includes:
 Payment of fines, victim surcharges, and restitution
 Completion of any court-ordered programs or counselling
 Full compliance with probation or conditional sentence terms
No New Charges or Convictions During the Waiting Period
To remain eligible, you must stay conviction-free during the entire 
waiting period. Any new criminal charges or convictions will restart the 
clock and may impact your eligibility for a record suspension in the 
future.
Required Documentation and Application Steps
If you're applying after an impaired driving conviction in Calgary, here 
are the key steps and documents you'll need:
Obtain a Certified Criminal Record Check Using Fingerprints
Your application must include a certified criminal record check from 
the RCMP’s National Repository of Criminal Records.
 You’ll need to visit an accredited fingerprinting agency or local 
police station in Calgary to have your digital fingerprints taken.
 These fingerprints are submitted to the RCMP, who will then issue 
an official record check—an essential document for your 
application.
Gather Court Records and Proof of Sentence Completion from 
Calgary Courts
You must request documentation from the court that handled your 
impaired driving case. This includes:
 Court Information Form or a copy of the court docket
 Proof of fine payments, probation completion, and other 
sentencing terms
 If your case involved multiple jurisdictions, you may need to 
contact more than one courthouse in Alberta
Complete Parole Board of Canada Application Forms 
Accurately
The Parole Board requires applicants to fill out detailed forms, 
including:
 Application for Record Suspension (Form A)
 Schedule 1 Exception Form (if your conviction is listed under 
Schedule 1 offences)
 Local Police Records Check for every location you’ve lived in the 
past five years—including Calgary
Be sure to review instructions carefully—incomplete or incorrect 
submissions may result in delays or denial.
Include Personal Statement and References If Applicable
A personal statement explaining:
 How your life has changed since the offence
 Steps you’ve taken toward rehabilitation
 Contributions to the community
Costs and Timelines for Calgary Applicants 
Application Fee Payable to the Parole Board of Canada
As of January 1, 2022, the application fee for a record 
suspension is
$50.00 CAD, payable to the Parole Board of Canada (PBC). This fee 
must accompany your application and can be paid via:
 Credit card (using the official Credit Card Payment Form)
 Certified cheque
 Money order
 Bank draft
Additional Fees for Fingerprinting, Document Collection, and 
Postage
Beyond the application fee, applicants should anticipate additional 
expenses:
 Fingerprinting Services: To obtain a certified criminal record 
check, you'll need to provide fingerprints. The RCMP charges a 
federal processing fee of $25.00 CAD for each criminal record 
check.
 Court Documents: Acquiring court records and proof of sentence 
completion from Calgary courts may involve fees, which can vary
depending on the court and the number of documents required.
 Postage: Sending your completed application and supporting 
documents to the PBC requires postage, with costs depending on 
the size and weight of your application package.
Average Processing Time: 6 to 12 Months Depending on Case 
Complexity
The PBC aims to process applications within the following timeframes 
after accepting a complete and eligible application:
 6 months for offences tried summarily
 12 months for offences tried by indictment
In cases where the PBC proposes to refuse a record suspension, the 
process may extend up to 24 months, as the applicant is given an 
opportunity to respond to the proposed refusal.
Summary of Costs and Timelines:
Item Estimated Cost Notes
(CAD)
Application Fee $50.00 Payable to the Parole Board of 
Canada
RCMP $25.00 For certified criminal record 
Fingerprinting Fee check
Court Document Varies Depends on court and number 
Fees of documents
Postage Varies Based on package size and 
weight
Total Estimated Varies Typically ranges from $100 to
Cost $200
Processing Time 6–12 months Depending on offence type and
Item Estimated Cost Notes
(CAD)
case complexity
How a Calgary Criminal Defence Lawyer Can Help
Here’s how an experienced Calgary lawyer can support your journey to 
clearing your record:
Reviewing Your Eligibility and Advising on Documentation
A defence lawyer will carefully examine your case to confirm that you 
meet all Parole Board of Canada eligibility requirements. They’ll:
 Assess your conviction type (summary vs. indictable)
 Calculate the waiting period accurately
 Identify what documents you need to gather from Calgary courts 
and other agencies
Their expertise ensures that you don’t waste time or money applying 
before you’re eligible.
Ensuring All Forms Are Properly Completed and Submitted
The Parole Board is strict when it comes to paperwork. Incomplete or 
incorrect forms are among the most common reasons for application 
delays or rejections. A lawyer will:
 Review every form for accuracy
 Ensure proper formatting and timelines
 Submit the application package in compliance with Parole Board 
standards
Having a legal professional handle this step reduces the risk of clerical 
errors or overlooked details.
Helping Draft a Compelling Personal Statement
While optional in some cases, a personal statement can significantly 
enhance your application. A Calgary criminal defence lawyer can help 
you:
 Express your rehabilitation journey clearly and sincerely
 Highlight positive changes, such as employment, community 
service, or education
 Present your case in a way that aligns with the Parole Board’s 
criteria
If applicable, they can also collect support letters and references to 
strengthen your submission.
Increasing the Chances of a Successful Application Through Legal 
Expertise
Lawyers who specialize in record suspensions and impaired driving 
cases understand what the Parole Board of Canada is looking for. They 
know how to:
 Anticipate potential red flags in your application
 Address prior issues (e.g., multiple charges or conditional 
discharges)
 Communicate effectively with courts and police agencies on your 
behalf
With a lawyer's guidance, your application is more likely to succeed 
the
first time, saving you time, money, and additional stress.
When to Contact a Calgary Lawyer
If you're unsure whether you qualify, or if you want to maximize your 
chances of a successful outcome, it’s worth consulting a Calgary 
criminal defence lawyer early in the process. Their legal insight can
make a significant difference in sealing your record and moving 
forward.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7
Phone Number: 403-774–9529 
Email: [email protected] 
Website - akramlaw.com
Business Hours: Monday-Thursday: 9 AM-5 PM, Friday: 9 AM-12 PM, 
Saturday: 10 AM-1 PM