By Mark Duffy
Do I have a Criminal Record Canada
I was charged with a criminal offence but not convicted. Do I have a Criminal Record?
Often, we receive calls from people who are shocked to find out that they have a Criminal Record because they were charged, but never convicted of an offence. Regardless of whether a charge was dismissed, withdrawn, or stayed, it will appear on your Canada Criminal Record for life, unless you take the necessary action and have it removed. Maybe, you should check if you have a record here.
How do I remove charges from my criminal record?
This process is referred to as a Record Purge. A Record Purge is a petition sent out in order to have your police file deleted from both the local and the RCMP’s national database. When an individual is charged with an offence, the police may take that person’s fingerprints, and photographs. A Record Purge will not only remove the charge from their record, but it will also remove any photographs, and fingerprints on file.
How can charges on my Criminal Record in Canada affect me?
WATCH VIDEO: WHO KNOWS ABOUT MY CRIMINAL RECORD?
It is well documented that having a conviction on your record can affect everything from employment and volunteering, to travel; having charges appear on your Criminal Record is no different. A record of your charges will appear in official police databases, which can be accessed by obtaining a Criminal Record Check.
If you have charges which appear on your Criminal Record in Canada, you are risking being denied employment, and travel unless you petition the police to delete their files and clear your record.
a criminal record can be heavy baggage
How do I obtain a Record Purge and what is the process?
In order to obtain a Record Purge, simply sign the document package you will receive when you start the process, and provide a set of your fingerprints. From there we will order your Certified Criminal Record Check from the RCMP in Ottawa, and compile a petition to be submitted to the police in order to have all charges removed from your record, as well as any fingerprints and photographs. The entire process takes approximately 6-12 months in order to complete. Click here to get your Record Purge (also knows as a Police File Deletion).
Can my request for a Purge be denied?
The RCMP can deny a purge request if it meets one or more of the following:
- Applicant was not an adult relative to the charge as defined within the Youth Criminal Justice Act.
- Applicant has a criminal conviction on file within the National Repository.
- Applicant has an outstanding criminal charge before the courts.
- Appeal period has not expired for a non-conviction record relating to an Acquittal or a Dismissal.
- One year has not elapsed for a non-conviction record relating to a Peace Bond.
- One year has not elapsed for a non-conviction record relating to a Stay of Proceedings.
In addition to the above conditions, a record of non-convictions will be kept for a minimum of five years from the date of the court’s decision, if the charge related to:
- High treason or treason
- Potential terrorist activity
- First and second degree murder
- Aggravated assault
- Sexually-based offences
The Canadian criminal record with non-convictions will be kept on file for a minimum of five years in cases where the individual is found not criminally responsible due to a mental disorder.
Petitioning to have your record destroyed with the above non-convictions should be supported by additional information, such as Crown proceedings, police services records, and/or court documents.