If you have a criminal record, you probably have many questions and concerns. But you might be too anxious to voice them publicly or to speak openly about your situation. If this is the case, you’ll be comforted to learn that having a criminal record is not uncommon. More than one million people in Ontario live with a criminal record. Yet many don’t fully understand what a criminal record is or what it means for them.
This blog post will answer five of the most frequently asked questions about criminal records. With clear, accurate information, you’ll better understand your rights and options as someone with a criminal record and be able to proceed accordingly.
1. What Is a Criminal Record?
A criminal record is an official summary of a person’s interactions with the criminal justice system. In Canada, this information is stored in a central database called the Canadian Police Information Centre (CPIC), which is managed by the Royal Canadian Mounted Police (RCMP), Canada’s federal police force.
A criminal record can include the following items:
- Convictions for criminal offences
- Discharges (absolute or conditional)
- Withdrawn or dismissed charges
- Outstanding charges or warrants
- Fingerprint-based identification
Minor offences like speeding tickets generally won’t appear on a criminal record.
2. How Do I Get a Copy of My Criminal Record?
Every person has a right to know what’s on their criminal record. There are two ways to access your criminal record in Canada.
Through your local police service
Most police services in Ontario offer criminal record checks to the public. To do so, you typically need a government-issued photo ID, proof of address, a completed application form, and a processing fee.
There are three main kinds of checks. They are:
- Criminal Record Check. This check outlines a person’s criminal convictions and any relevant court orders.
- Criminal Record and Judicial Matters Check. This check includes both criminal convictions and pending charges.
- Vulnerable Sector Check. This check provides more detailed information than the previous two.
Through an accredited private company
You can also request a background check through an RCMP-accredited company. This is often faster but might come with additional fees.
3. Can I Remove a Criminal Record/Get a Pardon?
You might be wondering whether it’s possible to remove your criminal record. You can apply for a “record suspension,” previously known as a “pardon.” If your application for a record suspension is granted, your criminal record will be removed from the RCMP’s central database and not appear on most background checks.
Eligibility criteria
There are specific eligibility criteria for a record suspension. First, you must have completed your sentence. You must then wait the requisite amount of time and refrain from committing any new offences (the amount of time varies by charge and sentence). Finally, you must demonstrate an extended period of good conduct.
Application process
To apply for a record suspension, you must complete the following steps:
- Obtain your criminal record and any relevant court documents
- Complete an application form from the Parole Board of Canada
- Submit your fingerprints through an accredited provider
- Provide supporting documents (e.g., character references)
- Pay the application fee
You can apply for a record suspension on your own or with the help of a trusted legal professional.
4. Who Can See My Criminal Record?
For people with a criminal record, one of their biggest concerns is who can see it. While your criminal record is generally private, it can be viewed in the following situations:
- Applying for a job. An employer might ask you for a criminal record check during the job application process. This is more likely in law enforcement, government, education, or healthcare institutions. No employer can access your record without your written consent.
- Dealing with immigration and border authorities. Organizations like U.S. Customs and Border Protection or Immigration, Refugees and Citizenship Canada can access a person’s criminal records to determine whether they can be admitted into the country.
- Volunteering. Many volunteer positions in the community, especially those involving children or vulnerable adults, require a Vulnerable Sector Check.
Additionally, if you are under investigation or have been arrested, police will probably be able to access your criminal record.
5. Will a Criminal Record Affect My Travel or Job Prospects?
One of the more unfortunate aspects of having a criminal record is that it can limit your travel and employment prospects.
Employment
An employer might ask whether you have a criminal record during the hiring process. Some employers, however, are legally restricted from discriminating against an applicant based on their criminal record, as stipulated in the Ontario Human Rights Code. Jobs that can take a person’s criminal record into account often involve handling money or sensitive information, working with vulnerable populations, or holding a position of trust or authority.
Because of these challenges, more and more employers are adopting “second chance hiring” practices. Second chance hiring helps people with criminal records re-enter the workforce. The provincial government recently allocated $12 million to enable up to 2,000 individuals with criminal records to find meaningful work with local businesses.
Travel
International travel can be complicated if you have a criminal record. Even minor offences like impaired driving can result in a person being denied entry into another country.
Moving Past a Criminal Record
A person can have a criminal record for a wide variety of reasons. It might be the result of a youthful mistake or a more serious past offence. Whatever the cause, your criminal record should not dictate your future. Criminal records can create particular challenges, especially in the realms of employment and travel. However, understanding your rights and options, including applying for a record suspension, can empower you as you move forward.
Barrison & Manitius: Providing Trusted Criminal Defence Services Across Durham Region
For any questions about criminal records, contact the skilled and compassionate team at Barrison & Manitius. If you’ve been charged with a criminal offence, we can provide the best possible defence to help you avoid a conviction and prevent a criminal record. To learn more about what our team of skilled criminal defence lawyers can do for you, contact our office online or at 905-404-1947 to schedule a consultation.