Any absolute discharges received before July 24, are removed upon written request of the individual. Conditional Discharges: All conditional discharges received on or after July 24, are removed from the criminal record three years following the date of the sentence. Conditional discharges registered before July 24, remain in the database unless a written request is made to remove them. Non Convictions: If your charges were dismissed, stayed or withdrawn, or did not result in a conviction then you will not have a criminal record.
Criminal records and pardons (record suspension)
However, even if the charges did not result in a conviction your personal information is still on the RCMP system. You can request that this information be destroyed known as a File Destruction Request through your arresting police station. Law enforcement may choose to deny this request. Young Persons Criminal Records The same rules above apply for absolute and conditional discharges for youths, but there are some differences for summary and indictable offences, findings of guilt not entered, non convictions, and expired criminal records: Summary Offence for Young Persons: If the young person is found guilty of a summary offence, the record is removed three years after the satisfaction of the sentence.
Indictable Offence for Young Persons: If the young person is found guilty of an indictable offence, the record is active for a period of five years after the satisfaction of the sentence and is then transferred to a special repository that cannot be accessed by law enforcement.
Obtaining a Local Police Records Check
Finding of Guilt Not Entered for Young Persons: If a young person is acquitted, receives a reprimand, extra judicial sanctions or is ordered to enter into a recognizance to keep the peace and maintain good behaviour, the information is transferred to a special repository not accessible to law enforcement. Non Conviction for Young Persons: If a young person has a charge that is dismissed, withdrawn or stayed, they will not have a criminal record.
However personal information will still be held unless a formal request is made to have the data removed. Once entries have expired, the charges are removed and cannot be accessed by any law enforcement agency. Pardons A pardon is granted by the National Parole Board, and ensures the permanent removal and sealing of a criminal record from federal databases.
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This is because many employers require a criminal record check, and will not hire those with a conviction. It is also impossible for individuals with criminal records to work in any level of government without first obtaining a pardon. Child Custody: Judges are allowed to take into account the existence of a criminal record as a record of character.
A criminal record is a negative statement of character, but having a pardon will illustrate to judges that the individual has made a real attempt to rehabilitate as a law abiding citizen. This may influence their decision when granting child custody and visitation rights. Education: Education in fields such as medicine, nursing, security, and child care require a clean criminal records check. A criminal conviction can create a real barrier to pursuing education in these and other fields.
Pardons/Record Suspensions
Canadian Citizenship: Many people are unaware that if they are applying for Canadian citizenship and they have a Canadian criminal record, their application will be rejected. If this occurs, they may risk deportation. For this reason it is extremely important that these individuals get a pardon for their convictions before making their application. Volunteering: Most volunteer organizations especially those that provide programs for children will require a clean criminal records check. Individuals with convictions will find volunteering for these organizations difficult, if not impossible.
Adoption: Anybody looking to adopt a child must first pass a vulnerable sector search.
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Although the existence of a criminal record will not automatically result in denial of an adoption request, once again a pardon will provide a positive character reference. Revocation of a Pardon A pardon will remain in effect permanently unless one of the three following conditions occur, which will result in the pardon being revoked.
Future Changes to the Criminal Records Act What was passed on June 29 was only a portion of the original bill that was introduced on May 11 There are a number of significant changes to the record suspension process. Please visit The Parole Board of Canada website before getting started.
Pardon Services | How to Apply for a Pardon in Canada
You do not need a lawyer or representative to apply for a record suspension. This will not accelerate the review of your application or convey a special status on it. The Parole Board of Canada treats all applications the same way. For step-by-step instructions on applying for a record suspension, consult the Record Suspension Application Guide. If you are eligible for a record suspension, the first step of the application process is to obtain your criminal record from RCMP Ottawa.