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Ontario Criminal Record Check: Check Your Record
Living with a criminal record is a huge hassle. But you know what's even more of a problem? Having a criminal record that you don't know about.
Most people with criminal records have somewhat of an idea that they exist. Unfortunately, this is as far as the awareness goes for many Canadians. Not only do criminal records tend to escape notice, but their contents can also be hard to figure out.
Fortunately, there are better options. Here's how to conduct an Ontario criminal record check, and how record suspension might help with what you uncover.
What Is a Criminal Record?
Criminal records are like ledgers. They tally up all the events where you crossed paths with the justice system. In the process, they paint a big-picture view of your criminal history.
Criminal records aren't only about crimes you've received a conviction for. They also include any charges you've been accused of — provided they occurred when you were 12 or older.
Not all criminal records include the same level of detail since things vary at the local, provincial, and federal levels. In general, however, you can expect them to contain some basic information. They'll show ongoing charges, jail or prison custody status, and probation or similar agreements.
Why Do Criminal Records Exist?
Criminal records may seem like annoyances, especially if you have one. But they serve several important functions within the Canadian justice system and society at large.
For starters, criminal records help ensure public safety. Records help employers make informed decisions on potential hiring risks. This often comes up with licensing and background checks, especially with positions of public trust.
Criminal records also let law enforcement agencies conduct thorough investigations. Having access to someone's past interactions with the justice system goes a long way. For instance, it can help police identify suspects, witnesses, or persons of interest.
Authorities can also monitor offenders' progress. This includes tracking parole compliance and changes in behavior or criminal activity.
The information contained in criminal records plays a huge role in legal proceedings. Judges use defendant histories to make informed decisions on sentencing, probation, and parole. In other words, considering someone's prior record can help courts apply consequences fairly.
Finally, there's accountability: Criminal records serve as a deterrent against criminal activities. Because these records persist over time, they ensure that actions have consequences.
Criminal records balance multiple interests including public safety, law enforcement, judicial decision-making, and rehabilitation. They not only track criminal behavior but also reveal how far people have come on the path to rehabilitation.
What Shows up in an Ontario Criminal Record Check?
Checking your criminal record may be a good idea depending on your circumstances. For example, many people do so before applying for a job. Getting a record suspension (pardon) is also an option, so you might be able to improve your odds of passing a background check initiated by someone else. This only works, however, if you know what kind of information is lingering in your criminal database entry.
A criminal record check — also known as a police record check or background check — involves searching police records for information about an individual. In most cases, the person being checked has to provide consent first.
Ontario's Police Record Checks Reform Act authorizes three main types of police record checks:
- Criminal record check (CRC): This check includes criminal convictions. It also reveals guilty findings under the federal Youth Criminal Justice Act.
- Criminal record and judicial matters check (CRJMC): This check extends the standard CRC. In addition to the information discussed above, it'll reveal conditional or absolute discharges, outstanding charges, arrest warrants, and specific judicial orders.
- Vulnerable sector check (VSC): This check builds on the CRJMC. It also includes findings where you were found not criminally responsible due to a mental disorder and record suspensions for sexual offenses. Depending on the circumstances, it may detail the particulars of certain non-conviction charges.
Different police agencies may also provide other forms of record checks. For instance, the Ontario Provincial Police (OPP) offer a special non-parent custody check (LE213). This covers a broad range of information similar to VSCs. LE213 is a necessity when applying to become a foster parent or adopt a minor, and it requires fingerprinting.
Ontario Criminal Record Checks and Your Rights
We already mentioned that someone in the private sector can't access your criminal record without your permission. This isn't the only right you have though. Thanks to the Police Records Checks Reform Act, you are:
- Protected from having information like your status as a victim disclosed,
- Allowed to request that the record check provider correct any information that's inaccurate or ineligible for inclusion
- Guaranteed that you'll receive the results from a record check performed by a private business before they get released to a third party, such as a prospective employer
- Allowed to ask that the record provider omit or reconsider including certain non-conviction information, although they might not comply
- Guaranteed that any youth record attached to your name will be released separately
Volunteers and Ontario Criminal Record Checks
Another benefit of the way the law works is that you can get a free criminal record check if you're a volunteer. Many volunteers have to submit to background vetting so they can serve the community in a position of trust.
As per the law, volunteers include individuals who receive allowances and honorariums. This classification excludes people who receive other forms of compensation, such as money or gifts. It also excludes those who volunteer in exchange for academic credit or as a condition of a criminal sentence.
If you meet the requirements, you can get up to five copies of your CRC or CRJMC. You have to request the extras at the same time you make the initial request, however, and some police agencies might ask for a confirmation letter from your prospective volunteering organization. In short, coordinate your request ahead of time, and remember that private-sector police record check companies don't have to provide complementary records for volunteers.
How to Do an Ontario Criminal Record Check
Want to get your record check rolling? First, you'll need to find a provider. Ontario authorizes four types of entities to process criminal record checks:
- First Nations police services
- Municipal police services
- The Ontario Provincial Police (OPP)
- Private businesses that have met the requirements to provide record checks
The process for getting a record check varies depending on who you go with. In general, however, you'll have to:
- Confirm you live in a community with jurisdiction over the records in question. For instance, OPP doesn't police places like Toronto and the Greater Toronto Area, Niagara, Sudbury, Thunder Bay, Hamilton, or Ottawa. For record checks in these areas, you'll need to contact the local police service.
- Let the provider know what kinds of checks you need. If you're requesting a check to satisfy an employer, they'll usually specify the information they require.
- Verify your identification. This typically involves answering a few financial questions and providing other basic identifying info.
- Pay the fees. Unless you're a volunteer getting a record check from a police service, you'll have to pay for it. The amount varies depending on your provider.
In modern times, criminal record checks tend to be quick. Since all the information is digital, most people don't have to wait that long. Of course, there are exceptions — as a rule of thumb, you should always submit your record check applications early.
Federal Record Checks
Just as cities, municipalities, and provinces maintain criminal records, so does the federal government. The RCMP's Canadian Police Information Centre (CPIC) keeps data on two types of offenses: criminal summary convictions and the more serious indictable offenses.
When getting a CPIC check, the process is much the same as obtaining your Ontario criminal record. There are two main routes for looking up your history:
- You can conduct a name-based search. Providing your name and birth is the most often-used way to search CPIC records, but there's a catch: According to the RCMP, this method is more prone to mismatches.
- You can conduct a certified search. This type of search involves using fingerprinting to look up your records. The law includes strong privacy protections to keep your biometric data secure, and the fingerprints you provide won't be housed in a database.
CPIC checks provide different types of information depending on what type of record you're after. It's also worth noting that the federal requirements are a bit more strict when it comes to VSCs. For instance:
- You can only conduct a VSC when you're vetting someone for a position that involves authority or trust towards a child or vulnerable individual.
- Only Canadian organizations can access VSC results.
- Federal legislation doesn't explicitly require any organization to perform VSCs.
- Hiring organizations have to make VSC requests, while the person being checked only provides their consent.
Criminal record checks have major implications for your employability and ability to live as an upstanding member of society. Although these lookups may seem like something beyond your control, you have rights — and you have options when it comes to dealing with their results. Learn more by reading one of our explainers on record suspensions or getting in touch with the AllCleared team.
There are many reasons you may need to apply for an Ontario criminal record check. These include:
- Volunteering
- Working
- Applying for a Record Suspension
- Getting a US Entry Waiver
- Adoption or fostering
- Applying for a visa
In addition, there are different types of record checks depending on the purpose.
If you need an Ontario criminal record check, in most cases you will contact your local police service. However, some small towns and rural areas do not have their own police service. In this case, you will need to contact the Ontario Provincial Police (OPP). Some services will require you to come in person and others will allow you to mail in an application. Some will even let you apply online.
In most cases you will need to apply at the detachment in the municipality where you live. For example, if you live in Ottawa, you will apply at the Ottawa Police Service.
It’s important to visit the website or call the detachment where you plan to go for your record check to find out the locations, hours, fees, identification requirements and other important information.
Types of Ontario Criminal Record Check
Police Criminal Record Check: This is the basic level of screening. This is the most common type of criminal record for people working in jobs where the company just wants some assurance of the person’s character before they hire them. For example, a cashier or cleaning person may need to provide this. This check includes:
- Adult Convictions
- Youth convictions that have not yet been spent
- Conditional and Absolute discharges within the three- and one-year periods
Police Information Check: This check goes into more detail also revealing outstanding warrants and charges, peace bonds and other judicial orders, even if they didn’t result in a conviction. This may be required in positions where the people or property may be at risk, but you may not be working directly with children or vulnerable adults. This is also a typical type of record check that you may need to consent to in order to get a job or volunteer position.
Police Information Check – Vulnerable Sector: Only organizations or businesses that work with children or vulnerable adults can request this check and it must be related to the job. Some positions that require a vulnerable sector check include:
- Nurse
- Personal support worker
- Daycare worker
- Teacher
- Counsellor
- Social Worker
This is the only instance where a person who has a Record Suspension could have their record revealed, and then only if they have sexual or violent offences that could pose a risk to children or people who are vulnerable due to age, illness or disability.
Certified Criminal Record Check
Technically, a Certified Criminal Record Check is not done through the local police station, but you may need to go there to get your electronic fingerprints taken. An Ontario criminal record check can reveal whether or not you have a record, but your actual record can only be accessed with fingerprints. This is because the RCMP need to use the fingerprints to confirm your identity so that your information is not released to the wrong person. The RCMP maintain the federal database of criminal records, which is called CPIC.
A Certified Criminal Record Check is required for a US Entry Waiver or Record Suspension. You can get the record by attending a police detachment or accredited private company and getting your fingerprints taken. Make sure you clearly state the purpose of your request. If you are processing your application through AllCleared, we will provide you with a list of accredited places where you can get your fingerprints taken.
Sealing a criminal record
In Canada, persons with criminal records can apply to seal their record after the waiting period has passed. The waiting period is:
Five years: Summary offences
Ten years: Indictable offences
Once your record is sealed, you can pass background checks without worry, which will assist you finding jobs, volunteering, applying for visas, getting licences, joining professional organizations and accessing other opportunities.
(Note that a Record Suspension will not help you cross the US border because they maintain their own databases.)
If you are ready to seal your record and move forward with your career and future, contact AllCleared today to get started at 1-866-972-7366.
