What is a Criminal Record?

A criminal record shows any criminal convictions that an individual may have. An individual must have been arrested, charged and convicted of an indictable or hybrid offence for the offence to be shown on the criminal record. Notably, fingerprints must be taken and submitted to the National Repository for there to be a criminal record. The Identification of Criminals Act outlines when the police may take fingerprints and often unless authorised by statute, they are not permitted to do so for summary offences only. Therefore, if fingerprints were taken and submitted then a summary offence may also appear on a criminal record.

Types of Certified Criminal Record Checks:

There are three main types of criminal record checks, each of which will be discussed below.

Employment and Volunteer Record Checks:

There are a few different types of checks that an employer can conduct. The main check is a police check. These checks can disclose a conviction, any relevant youth information, non-expired absolute or conditional discharge information, pardons, and any relevant non-conviction information. Another type of check is the provincial government check. These checks will disclose convictions, relevant youth information and non-expired absolute or conditional discharges. Federal government checks will disclose more information including convictions, relevant youth information, outstanding charges, non-expired absolute or conditional discharges, and non-conviction information. Police Reporting and Occurrence System (PROS) users and private or volunteer industries generally conduct a check that will disclose a conviction and any active absolute or conditional discharges.

Vulnerable Sector Record Checks:

Vulnerable sector checks generally conducted by employers in private industries or volunteer employers, will disclose conviction information, pardons, and any non-expired absolute or conditional discharges. Provincial government employers checks will generally disclose information on convictions, pardons, youth information and active absolute or conditional discharges.

Immigration and Travel Record Checks:

There are four main application types of checks done for immigration and travel.

  • Permanent Resident Status: These checks will often be conducted when applying for permanent residence. They disclose any convictions, outstanding charges, non-expired absolute or conditional discharge information, immigration information and non-conviction information.
  • Canadian Citizenship: These checks will often be done when applying for Canadian citizenship. This check will disclose any convictions, non-conviction information, outstanding charges, youth information, active absolute or conditional discharge information and immigration information.
  • Visa/ Border Crossing/ Foreign Travel/ Work: This is a basic check done that typically discloses any information on convictions.
  • Free and Secure Trade (FAST) Program: This check will disclose immigration information and conviction information.

Other Purposes:

Checks may be conducted for other purposes such as:

  • Adoption: This check will disclose pardons, convictions, and active absolute or conditional discharge information.
  • Name change: If you have a criminal record then the record will be linked to your new name.
  • Criminal record check for personal use: This check will disclose convictions, relevant youth information, outstanding charges, pardons, absolute or conditional discharge information, sequestered information and non-conviction information.
  • Checks for record suspension information: This check discloses information specifically related to suspensions or pardons.
  • Checks for active criminal record information: This check discloses information of relevant youth information, outstanding charges, convictions, active absolute or conditional discharges, and non-convictions.
  • Record suspension application: A check will be conducted for a record suspension application. This check will disclose convictions, outstanding charges, active absolute or conditional discharge information and non-convictions.
  • National Sex Offender Registry: This is when the CCRTIS confirms information in the National Repository of Criminal Records matches with our name and date of birth.
  • Other specific reasons: These checks generally disclose convictions and active absolute or conditional discharge information.

Criminal Records vs Criminal Conviction:

A criminal record will consist of a criminal conviction however, a criminal conviction does not necessarily mean that there is a criminal record. A criminal record is made when an individual is arrested, charged, convicted of an indictable, hybrid, and in some cases a summary offence, and has had their fingerprints taken and submitted to the National Repository. A criminal conviction however is when an individual is arrested, charged with an indictable, hybrid or summary offence and fingerprints may or may not have been taken.

Notably, criminal records may also include information on charges that were dropped or dismissed. These charges are generally referred to as non-conviction information and although they did not result in a conviction, these charges may still appear on specific criminal record checks such as those for applying for permanent residence or Canadian citizenship.

What are Dismissed Charges?

Dismissed charges are when the matter has proceeded to trial, but during the trial, generally due to lack of evidence, the judge decides not to allow the case to continue.

What are Dropped Charges?

Dropped charges are when for various reasons such as new evidence has cleared the suspect or the prosecution has decided not to pursue the matter and thus the matter has not proceeded to trial.

How to Clear Your Criminal Record:

Clearing a criminal record is a long process generally accompanied by many restrictions. However, the first step is always to obtain a copy of your criminal record.

If You Have a Conviction:

There are a few situations in which an individual is ineligible for criminal record suspension. These may include some offences such as sexual offences against a minor, or if the individual has been convicted of more than three indictable offences. However, if you are eligible for a record suspension, formerly known as a pardon, then an application must be submitted through the Parole Board of Canada.

If Your Charge Has Been Dropped or Dismissed:

In the case that your charges have been dropped or dismissed, clearing your criminal record will be slightly different. Generally, you can apply for a file destruction by contacting the police department that originally charged you. If your request is approved then the police will contact the RCMP requesting that they destroy the file. Often this will include destruction of fingerprints, photos and any other information on your file for that relevant charge.

However, the police may deny your request for various reasons. An appeal process is available. There may be various reasons for a denial, however the main two include that the record indicates a threat to public safety, or that there is a criminal conviction on file that indicates you have not yet received a record suspension.

Frequently Asked Questions about Criminal Records:

A criminal record is official documentation that discloses all relevant information about an individual’s arrests, charges, convictions of indictable offences, and fingerprints.

A criminal conviction will not always result in a criminal record, however a criminal record will show a conviction. The main difference is that a conviction will be for an indictable or summary offence and fingerprints may not be submitted to the National Repository. However, a criminal record generally shows convictions for offences and fingerprints are submitted to the National Repository.

For convictions you can apply through the Parole Board of Canada for a record suspension or a pardon.

For non-convictions you must apply for file destruction to the original police department that made the charges and then if they accept they will submit the request for file destruction to the RCMP.

Notably, you must be eligible to clear your criminal record. If the offence is not one that is an eligible offence such as sexual offences against a minor or if you have three or more indictable offences then it is unlikely that your criminal record will be cleared. Furthermore, if there is information indicating a threat to public safety or a criminal conviction has not yet been suspended then it is unlikely that the file destruction will be approved.

Generally charges that result in a conviction will appear on a criminal record.

Non-conviction charges such as those that are dismissed or withdrawn may not appear on basic criminal background checks however, they may still appear on specialised checks or some criminal records.

If you have completed your sentence, and have an eligible offence then yes, generally you can apply for a record suspension. You will need to apply for a record suspension through the Parole Board of Canada.