Fraud convictions cover a wide range of situations — writing a bad cheque, credit card misuse, identity theft, insurance fraud, tax fraud. Whatever led to the conviction, you can get a record suspension. But the dollar amount changes everything.

Fraud Under $5,000 vs. Over $5,000

Fraud under $5,000 (section 380(1)(b)) is a hybrid offence. For first offences, the Crown almost always proceeds summarily. Maximum penalty is 2 years. Waiting period: 5 years in most cases.

Fraud over $5,000 (section 380(1)(a)) is straight indictable. Maximum penalty is 14 years. If the fraud exceeded $1 million, there's a mandatory minimum sentence of 2 years. Waiting period: 10 years, always.

The $5,000 threshold is based on the total value of the fraud, not what you personally gained. If you were part of a scheme that defrauded someone of $6,000, even if you only received $500, it's fraud over $5,000.

Related Charges You Might See

Fraud convictions often come with related charges. Check your RCMP record for these:

Theft of credit card (section 342(1)) — hybrid, usually summary. Unauthorized use of credit card data (section 342(3)) — hybrid. Uttering a forged document (section 368) — hybrid, max 10 years. Identity theft (section 402.2) — hybrid, max 5 years. Conspiracy to commit an indictable offence (section 465) — straight indictable.

If any one of your charges is straight indictable, your entire application uses the indictable waiting period. One conspiracy charge alongside three summary fraud charges means a 10-year wait.

I know this firsthand. My record had multiple fraud under $5,000 charges — which are hybrid and usually summary — but one conviction included a conspiracy charge under section 465. Conspiracy to commit an indictable offence is always indictable. That single charge bumped my entire waiting period to the longer timeline. You don't know this until you see your court documents. That's why I tell everyone: get your court docs before you plan anything.

Restitution and Fine Payment

This is where fraud applications get tricky. Fraud sentences frequently include restitution orders — you're ordered to pay back the victim. Your waiting period does not start until restitution is fully paid.

If you were ordered to pay $3,000 in restitution and it took you 2 years to pay it off, your 5-year clock starts from the final payment date, not the conviction date. That's 7 years total.

Contact each courthouse and confirm in writing that all financial obligations are satisfied. Get a receipt or confirmation letter. The PBC specifically checks this, and unpaid restitution is the most common reason fraud-related applications get rejected.

Seriously — don't skip this step. Call the fines office, not the criminal records counter. They're usually different departments with different phone numbers. Ask them to check under your name AND your case number if you have it. I've heard of people whose payments were applied to the wrong file. Get the confirmation in writing or by email so you have proof.

Your Measurable Benefit Statement

The PBC takes fraud statements seriously because it's a crime of dishonesty. They want to see that you understand the impact on victims and that your circumstances have genuinely changed.

Strong fraud statements typically include: acknowledgment of harm to specific victims (without excuses), concrete financial stability — steady income, responsible credit use, no new debt issues, professional development or career changes that moved you away from the situation, and community involvement that demonstrates trustworthiness.

Weak statements blame the economy, claim you "had no choice," or focus entirely on how the conviction hurts you without acknowledging the victims. The PBC reads between the lines.

Multiple Fraud Convictions

If you have multiple fraud convictions across different dates and courthouses, each one needs its own court document. Your waiting period is calculated from the last sentence completion date across all convictions — not the first one.

If you also have more than 3 indictable convictions each with sentences of 2+ years imprisonment, and your first offence was after March 13, 2012, you may be permanently ineligible under section 4(2) of the Criminal Records Act. This is rare but worth confirming with the PBC directly at 1-800-874-2652.

Get Started

Fraud applications require extra attention to financial details, but the process is the same. My Pardon scans your RCMP record and classifies every charge — including related offences like conspiracy and forgery — so you know exactly where you stand.