If you’ve never been convicted of a crime in Canada, completing a criminal record check is simply a routine formality. If, however, you have a criminal record that’s visible to the public, the prospect of being asked to undergo a background check can be fraught with stress and the potential for negative ramifications.
In Canada, a criminal record is retained for life. If no steps are taken to remove it, it can impact a wide variety of opportunities including the ability to work, go to school, volunteer, secure housing, travel, and more.
Many Canadians with a criminal record hanging over their head wonder if it’s possible to get rid of it. Fortunately, if you meet certain eligibility requirements, you should be able to receive a record suspension (formerly known as a pardon) that will seal your records and remove them from public visibility.
Receiving a record suspension can be a lengthy and complex process but can have tremendous benefits that will help you move forward in life. Below, our knowledgeable team at FASTCHECK has put together a brief overview:
What Is A Criminal Record In Canada?
In Canada, a criminal record is a formal record of a person’s involvement with the criminal justice system. Retained in the Canadian Police Information Centre (CPIC) database, it’s available to the public via a criminal record check and includes information about an individual’s accusations, charges, and convictions (the exact information that appears depends on the type and purpose of the background check being run).
If you’ve been charged or convicted of a criminal offence in Canada and have not received a record suspension or pardon, you almost certainly have a publicly visible criminal record. This is true even if you never attended a Canadian criminal court and/or the charges against you were dropped or dismissed.
Criminal records provide information about criminal charges and convictions but do not reveal any context regarding the acts that were committed, how the case was handled, or whether or not the individual has led a law-abiding life since.
What Are The Potential Consequences Of A Criminal Record?
Background checks are required under a broad range of different circumstances and a criminal record can become a significant barrier to personal and professional growth in the following areas:
- Employment – Many workplaces require a background check including educational and early childhood institutions, healthcare settings, government agencies, banking and financial institutions, manufacturing, security, law enforcement, and more.
- Education – Some post-secondary institutions and training programs request criminal record information. Requirements may vary depending on the institution and program.
- Travel & Immigration – Travel and immigration to countries outside of Canada can be complicated, limited, or prevented by the existence of a criminal record.
- Housing – Potential landlords may require a background check before signing a rental agreement. The specifics may vary from situation to situation.
- Volunteering – Many volunteer opportunities require a criminal record check, especially those that involve work with vulnerable populations or finances.
Can You Get Rid Of A Criminal Record In Canada?
As long as you meet the government of Canada’s eligibility requirements, you should be able to seal your criminal record from public visibility. This is formally called a record suspension but was known as a pardon until 2012.
Individuals may be ineligible to apply for a record suspension if:
- They have been convicted of an offence referred to in Schedule 1.
- They have committed multiple serious offences totalling more than 2 years in jail on 3 or more occasions.
Also worth noting is that a record suspension can be revoked for individuals who re-offend after having their criminal record removed from public visibility.
How To Obtain A Record Suspension
The length and steps of the process for obtaining a record suspension depend on a variety of factors including the type and number of charges laid, the outcome of the charges, and the policies of the local police service that laid them. In general, an individual convicted of a crime must complete their sentence, undergo a period of probation, and/or pay any fines imposed for an offence before applying for a record suspension. An additional waiting period of 5 or 10 years may also apply, depending on the circumstances.
At FASTCHECK in Winnipeg, we specialize in fingerprinting and criminal record checks. For more information, contact our knowledgeable and dedicated team today!
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