A Criminal Record "May or May Not Exist"

Understanding the "May or May Not Exist" Criminal Record Result in British Columbia

More and more frequently, and particularly in British Columbia, Canadians obtaining a local criminal record check are receiving the result that a criminal record “may or may not exist.” This can be of great concern to individuals obtaining these record checks for employment, immigration, or a variety of other purposes. The vague nature of this result does not confirm if the individual has actually done anything illegal, but it can easily appear this way to anyone looking at the record check without the proper knowledge.

It’s very important to know that a criminal record which “may or may not exist” can be caused by a variety of low-level police interactions such as:

• Being charged with an offence that was later dismissed or withdrawn,
• Having a complaint filed against you by an individual reporting suspicious behavior,
• Noise complaints,
• or a variety of other low-level police interactions.

Where could this record exist?

An official criminal record check requires that an individual’s fingerprints be taken, and compared with the federal records at CPIC (The Canadian Police Information Centre). While local police checks do search CPIC, they also conduct searches of other databases such as PRIME or PIRS. These databases are not official records however, and were originally designed for use by police only. Their purpose was to keep records of police incidents with individuals who came into contact with the police, so that if there was further police contact with that individual, then they would have clear notes of what their history with police has been like.

The fact that these records can indicate a result that a criminal record “may or may not exist” has received critique, as it can make certain aspects of life very difficult for innocent Canadians.

What can I do about it?

It’s important to remember that a local police check is not the same as an official criminal record, and that in order to confirm whether or not you have a record, all you have to do is conduct an official record check with the RCMP. This would involve attending your local RCMP detachment, and requesting a federal record check of CPIC based on fingerprint matching.

If this record check comes back clear of any convictions or charges, then it can be used in conjunction with the local police check to confirm that you do not in fact have a criminal record. If your record does not come back clear, then you would require a Canadian pardon (now known as a record suspension) in order to clear your record. Please contact our offices if you wish to obtain a record suspension.

If you wish to learn more about these databases, and the current debate surrounding them, we encourage you to follow the links below:

• Vancouver Sun- PRIME-BC
• The Province- PRIME-BC [Old Article Disappeared!]