Home About Us Services ↳ Canada PR Visa (Permanent Residency) ↳ Work Permit Canada ↳ LMIA — Labour Market Impact Assessment ↳ Spouse & Family Sponsorship Visa ↳ Student Visa Canada ↳ Visitor Visa ↳ Business Visa Provinces ↳ 🏙️ Ontario ↳ 🏔️ British Columbia ↳ 🌾 Alberta ↳ 🌻 Saskatchewan ↳ 🌊 Manitoba ↳ ⚓ Nova Scotia ↳ 🍁 New Brunswick ↳ 🦞 Prince Edward Island ↳ 🐟 Newfoundland & Labrador ↳ 🌊 Atlantic Immigration Program Healthcare Blog FAQ Careers Canadian Latest policies Contact

What Are the Eligibility Criteria for Expungement?

Applicants need to provide evidence that the conviction(s) meet(s) the expungement criteria as follows:

Eligible Offence(s)

Criteria

  • Gross indecency, buggery and anal intercourse
  • The activity for which the person was convicted was between persons of the same sex;

  • The person(s), other than the person convicted, had given their consent* to participate in the activity; and,

  • The person(s) who participated in the activity were 16 years of age or older at the time of the activity or subject to a “close in age” defence under the Criminal Code.

* Section 273.1 of the Criminal Code defines consent as the voluntary agreement of a person to engage in the sexual activity in question.

  • Keeping, being found in, or permitting a place to be used as a bawdy house
  • The conviction relates to the convicted person's association with a bawdy house, kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in; and,

  • The person who was convicted did not exchange money for providing or receiving sexual services.
  • Transporting individuals to a bawdy house
  • The conviction relates to a bawdy house kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in.
  • Indecent show, indecent acts, indecent exhibition, immoral, indecent or obscene performance and nudity
  • The activity for which the person was convicted took place in a bawdy house in which acts of indecency are practiced and not for the purpose of prostitution, where consensual sexual activity is viewed or engaged in; and,

  • The person who was convicted did not exchange money for providing or receiving sexual services.
  • Procuring one’s own miscarriage (abortion); or,

  • Supplying or procuring a drug or an instrument for the purpose of procuring one's own miscarriage (abortion)
  • The convicted person was the woman or female person who obtained the miscarriage (abortion).
  • Procuring the miscarriage (abortion) of a woman or female person (where the convicted person assisted the woman or female person in accessing the means to procure a miscarriage (abortion));

  • Procuring own miscarriage (abortion) (where the convicted person assisted the woman or female person in accessing the means to carry out the miscarriage (abortion)); or,

  • Supplying or procuring a drug or an instrument, for the purpose of procuring miscarriage (abortion) (where the convicted person assisted in supplying or procuring the drug or instrument)
  • The convicted person acted at the request of the pregnant woman or female person.
  • Procuring the miscarriage (abortion) of a woman or female person (where the convicted person used or assisted in the use of the means to procure a miscarriage (abortion)); or,

  • Supplying or procuring a substance or an instrument for the purpose of procuring a miscarriage (abortion) while in the capacity of a medical doctor, nurse or midwife).
  • The convicted person was a medical doctor, nurse or midwife at the time of the offence; and,

  • The convicted person acted with the consent of the pregnant woman or female person.
  • Individuals convicted of offences related to selling/advertising the means or a method for preventing a pregnancy or causing an abortion are not subject to any criteria.

Page details

2023-03-01

Quick Enquiry

We usually reply within a few hours
By submitting you agree to be contacted about your enquiry.
Call us☎ Chat on WhatsApp✆
M

Migova AI Assistant

Online now
Hi 👋 I'm the Migova AI assistant, powered by OpenAI. Ask me about PR, study visas, work permits, LMIA, family sponsorship, provinces, or healthcare immigration to Canada.
Canada PR
Study Visa
LMIA / Work Permit