Yes, you can get a pardon for break and enter. But unlike most offences where there's a question of summary vs. indictable, break and enter (section 348) is always indictable. That means a 10-year waiting period with no shorter option.

The maximum penalty is life imprisonment (for a dwelling house) or 10 years (for other premises). This is a serious offence in the PBC's eyes, and your application needs to reflect that.

The 10-Year Wait

Your waiting period starts the day your sentence is fully complete. For B&E, sentences often include a combination of jail time, probation, and restitution. A typical first offence might look like: 6-12 months custody (or a conditional sentence served in the community), 2-3 years probation, and a restitution order to the property owner.

If your sentence included 12 months custody and 2 years probation, and probation ended in 2016, your 10-year wait runs until 2026. If you also owed restitution and made your last payment in 2017, the clock actually starts in 2017 — meaning you're eligible in 2027.

Every financial obligation matters. Contact your courthouse and confirm everything is paid.

Break and Enter vs. Being Unlawfully in a Dwelling

If you were charged with B&E but your court documents show a conviction for "being unlawfully in a dwelling-house" (section 349), that's actually a hybrid offence. The Crown may have proceeded summarily, which means a 5-year wait instead of 10.

This is a common plea bargain — the Crown agrees to reduce a B&E charge to unlawful presence in exchange for a guilty plea. Check your court documents carefully. The distinction between section 348 and 349 can save you 5 years.

This is one of the biggest surprises people find when they actually read their court documents. You might have been charged with break and enter, but what you were convicted of could be different — especially if your lawyer negotiated a plea. Don't go by what you remember from court. Don't go by what your RCMP record says was charged. Go by what the certified court document says you were convicted of. That's the only thing that counts.

What the PBC Looks For

Break and enter involves violating someone's personal space — especially when it's a home. The PBC weighs this heavily. Your measurable benefit statement should demonstrate:

Significant time without any criminal activity (the 10-year wait itself helps here). Stable housing of your own — it shows you understand the value of a secure home. Steady employment and financial independence. Distance from whatever circumstances led to the offence — if it was addiction-related, evidence of recovery; if it was peer-related, evidence of a new social circle.

Ten years is a long time. If you've genuinely built a stable life in that period, your statement practically writes itself. Be specific and honest.

Related Charges

B&E convictions often come paired with other charges: possession of break-in instruments (section 351, hybrid), theft (section 334, hybrid or indictable depending on value), mischief (section 430, hybrid), or possession of stolen property (section 354/355, hybrid or indictable depending on value).

Since B&E itself is already indictable, the additional charges don't change your waiting period — it's 10 years regardless. But you do need court documents covering all convictions, and your statement should address the full picture.

Is It Worth the Wait?

Absolutely. A B&E conviction on your record is a serious red flag for employers, landlords, and volunteer organizations. It shows up as a violent property crime on every background check. Once suspended, it's sealed — standard checks come back clean.

The 10-year wait feels long, but if you're reading this, you're probably close to or past that mark. My Pardon can scan your record and calculate your exact eligibility date in about 60 seconds.