Application for Expungement
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A process is now in place to expunge historically unjust convictions, which includes eligible offences involving consensual sexual activity with a same-sex partner that would be lawful today. Certain convictions under the Criminal Code as well as certain convictions under the National Defence Act are eligible for expungement. Persons convicted of an offence listed in the schedule to the Expungement Act are eligible to submit an application to the PBC to have the record(s) of their conviction(s) expunged. If the person is deceased, an appropriate representative, such as a close family member or a trustee, can apply on their behalf. When an expungement is ordered, the person convicted of the offence is deemed never to have been convicted of that offence. (Record Suspension Decisions/Clemency Recommendations, Parole Board of Canada.)