Law Talk: Understanding criminal records

What is a criminal record?
If you are an adult convicted of a criminal offence in Canada, you will have that conviction recorded in a criminal record.

Records are maintained by the RCMP in a centralized database called the Canadian Police Information Centre. CPIC is accessible to law enforcement agencies across Canada as well as customs/ border agencies in a number of other countries. Your record can also be accessed by employers, community agencies, educational institutions, and so on, but only with your consent.

Only criminal convictions are recorded in CPIC. Typically, a criminal offence means an offence under the Criminal Code or the Controlled Drugs and Substances Act. Convictions for regulatory offences like speeding, public intoxication, noise by-law violations, or improper parking are not recorded in CPIC because these are not criminal offences. Different rules also apply to youth records, which will not be covered in this article.

Police records
In addition to criminal records maintained by the RCMP, your local police service also maintains its own records. Police records will document any involvement that you've had with the police force where you live. Involvement can include being arrested; being warned; reporting a crime; being a victim; or even being a witness. Thus, the police record contains much more information than a criminal record.

When you're stopped by police, they will typically search both the RCMP's database and their own database to pull up your profile. A police officer will immediately know if, for example, you've been warned for speeding in the past, or if you've been convicted of an assault, or if you have a history of being cooperative with police.

Consequences of a criminal record
The consequences of a criminal record are far-reaching.

The record may affect your ability to travel to other countries. The United States government is notorious for turning people away at the border, especially people with drug-related convictions.

Many employers will request a criminal record check before hiring you. A red flag on your record may prevent you from getting a job. For example, a conviction for theft might be a serious problem if you ever intend to work in retail.

Increasingly, educational institutions are requiring a criminal record check. The check is already a common prerequisite for admission to professional programs such as medicine and dentistry. A conviction for fraud might result in denial of admission to programs like bookkeeping or accounting. While you might get into law school, a conviction for perjury would seriously jeopardize your chances of ultimately being admitted to the bar as a lawyer.

Be aware that lying on an application about whether you've been convicted of a criminal offence may be fraud, which is a crime in and of itself.

Pardons
A criminal record will follow you for your whole life. The only way that a conviction can be removed from your record is by successfully applying for a pardon.

A pardon only applies to records maintained in CPIC. Even after receiving a pardon, your involvement with the police will typically still be maintained in the local police records. Additionally, your criminal record may be maintained by other countries. For example, if you attempt to enter the U.S.A. with an unpardoned conviction, customs officials will copy your criminal record into their own Homeland Security database. A pardon will not remove the record from the American database, which will likely be maintained forever.

You can apply for a pardon by contacting the National Parole Board. You will have to wait either three or five years after completing your sentence before applying, depending on whether the conviction was for a summary (less serious) or indictable (more serious) offence, respectively. In a process that can take up to 20 months, the Board will decide whether to grant or deny your request for a pardon.

This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1- 900-565-4LRS (a $6 charge will apply). You can contact Community Legal Services at 519- 661-3352 to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.