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How to find someones criminal record in canada

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The important word to remember is record. A criminal record is essentially a file listing all criminal offences regardless of court outcome , convictions, discharges and other related information. A criminal record is held by the RCMP until your 80 th birthday, sometimes longer. Many people wrongly assume that a criminal record disappears after a period of time. Even minor offences are part of your criminal record.

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SEE VIDEO BY TOPIC: Background Checks and Criminal Records

Online criminal background

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Disclaimer: Navigating the complex regime governing retention and destruction of non-conviction records can be difficult as every police force has their own policies and procedures. This blog is a simplification to be used for reference only. If you are seeking more information, contact a lawyer at Edward H. There are two basic types of record checks that are frequently required by employers, volunteer organizations, and landlords: 1 Criminal Record Checks, and 2 Vulnerable Sector Checks.

If there is a record of convictions, the individual to whom the record relates must provide fingerprints in order to access the record. Criminal convictions are the only records that will appear under this type of check. However, if you are seeking employment or volunteer opportunities with vulnerable persons, including children, the elderly, or people with disabilities, you will likely be required to get a Vulnerable Sector Check.

This inquiry will provide information not only of criminal convictions, but also of outstanding entries, such as charges and warrants, peace bonds, probation and prohibition orders, absolute and conditional discharges currently within the retention period, any record suspensions formerly pardons for sexual offences, and possibly even non-conviction information. Non-conviction information can include records of police contact, mere allegations, withdrawn or stayed charges, acquittals, and even mental health information.

It also stipulates that non-conviction records must not be released on a Vulnerable Sector Check except in exceptional circumstances. The Guideline recommends a procedure to have non-conviction information excluded from the Vulnerable Sector Check, directing the police service to take consideration a number of factors, including:. However, the guidelines are not mandatory, and each police force in Ontario has their own policies and procedures for conducting Vulnerable Sector Checks, so what is included may vary depending on where you live.

Moreover, while the OACP guidelines instruct that retention of local occurrence databases should be limited to the most recent five years, different police forces have different rules as to the length of retention. If you wish to see what information police are retaining, you can try to go to your local police station and request it. Keep in mind that just because police retain information does not mean it will be disclosed under a Vulnerable Sector Check.

Unfortunately, it may be difficult to find out which information would be disclosed under a Vulnerable Sector Check, as police may refuse to process a request for that information unless it is actually needed for the specific purpose of working with vulnerable persons.

If you are concerned about the retention of specific information, you should contact the police division that you originally interacted with. However, if you have had contact with police in different areas, you will have to file separate requests with each police force. You can also seek this information through an Access to Information request. However, be forewarned that this process can take a long time and there is usually a fee.

Check with the police force you interacted with, as they may have a specific form to request this information. If you have been acquitted or received a discharge, or if your charges have been withdrawn or stayed, you should contact your local police force to find out the specific policy or procedure you will have to follow to seek to destroy these records.

Most police forces also include this information on their website. Make sure that you request that the information be removed from both the local and national databases. Take note, however, that this form does not govern destruction of other records, such as a record of arrest, which will include your name, address, date of birth, visual appearance, arresting officer, location of arrest, and charge s.

A separate request is often needed to seek to destroy these records. Unfortunately, police will often refuse a record destruction request for a number of reasons, and if this is the case, they should provide you with written reasons explaining their decision. If your request is denied, there is generally a route to appeal, though it is important to note that that there will likely be a quick deadline to do so. You will also likely be expected to provide further information to support your request.

For example, Toronto Police Service will consider the following as mitigating factors in support of the application:. Thus, in considering a request for destruction, police will consider a number of factors, including, but not limited to: how serious the allegations were, how dated the allegations are, any supporting evidence you can provide, whether you have been charged with any additional offences since then, and how the retention of the record has or could impact your life.

If the police refuse to destroy your non-conviction records and you have exhausted all avenues of appeal, you can seek a judicial review of the final decision. At this point, you will likely need the assistance of a lawyer. Individuals who have their charges withdrawn or are acquitted are regularly receiving a sentence for a crime that was not proven.

Because police forces often refuse to destroy these records, these persons face unnecessary barriers in their lives, including in areas of employment, volunteering, travel, and in any future contact with the police or the justice system. Thus, once a request for the destruction of such records is made, further retention becomes unconstitutional, except in highly exceptional circumstances paras 71 and However, police forces in Ontario regularly retain non-conviction records.

To continue to treat those who have been charged or simply suspected [iv] of criminal offences differently from those who have never been charged based on the mere fact that the former have had interactions with the police denigrates the meaning of a non-conviction, violates the principle of the presumption of innocence and brings the administration of justice into disrepute.

In our criminal justice system, the mere fact that someone has had a run-in with the police does not imply any guilt. Everyone is presumed to be innocent until proven guilty beyond a reasonable doubt. Unfortunately, current retention policies often fail to reflect this fundamental principle by essentially prescribing guilt to individuals based on the mere fact that they were charged. This practice is unacceptable. An accusation does not mean guilt. Police discretion is not unlimited. Any categorical exception is overly broad.

The same concerns for public safety do not exist for all charges. In the decision of S. In , an allegation of sexual exploitation was made against him which could not be substantiated. The police notified his employer, the Toronto District School Board, and informed them also of his record of non-sexual offence convictions. As a result, he was fired. However, in , he received a pardon for his criminal convictions and re-applied for employment.

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I have joined your rss feed and look ahead to in the hunt for more of your great post. I believe Canada should follow this rule and think this is a much more important issue than the public perceives.

This is a defanation issue, a charter issue, and a discrimination issue. For instance I have no convictions of any kind on my record, however multiple agencies keep information on me and records of investigation decades after the fact.

This is unacceptable and hurts innocent peoples livelihoods. In an era where everything is digital, the government must be forced to delete all unsubstantiated information in due time before damages occur. Hello, of course this piece of writing is actually pleasant and I have learned lot of things from it about blogging. Your email address will not be published.

By: James Mencel Disclaimer: Navigating the complex regime governing retention and destruction of non-conviction records can be difficult as every police force has their own policies and procedures.

Vulnerable Sector Check However, if you are seeking employment or volunteer opportunities with vulnerable persons, including children, the elderly, or people with disabilities, you will likely be required to get a Vulnerable Sector Check. What is Non-Conviction Information? The Guideline recommends a procedure to have non-conviction information excluded from the Vulnerable Sector Check, directing the police service to take consideration a number of factors, including: Date of incident Age of Applicant at the time of incident Whether the incidents target a vulnerable person Whether there is repeated behaviour towards more than one person Whether the incidents took place The number of incidents Whether there is a pattern of incidents The reason the incident did not result in a conviction.

How do I find out what information police are retaining? What can I do? For example, Toronto Police Service will consider the following as mitigating factors in support of the application: the seriousness or triviality of the alleged offence mitigating or aggravating circumstances the age, intelligence, physical or mental health or infirmity of the applicant.

You may wish to contact a lawyer to assist in filing your appeal. What if the Police refuse to destroy my records? Concluding Thoughts Individuals who have their charges withdrawn or are acquitted are regularly receiving a sentence for a crime that was not proven. February 13, at pm.

February 15, at am. February 17, at pm. Sumasolanki says:. March 2, at pm. March 6, at pm. Demetrius Grear says:. March 7, at pm. March 29, at pm. April 2, at pm. SlowElwood says:. April 7, at am. MalcolmChief says:.

How to Find Out If You Have a Criminal Record in Canada

A criminal record check will determine if you have been charged or convicted of a crime. If a name-based criminal record check does not provide a definite way of confirming your identity, you may be asked to provide fingerprints. The use of fingerprints is the most accurate way to confirm a person's identity. They ensure that individuals cannot evade their criminal past, and protect individuals from being falsely associated with a criminal record that is not theirs. You may be asked to provide fingerprints to complete your criminal record check.

This information is provided for general purposes only and does not constitute legal or other professional advice or an opinion of any kind. A police record check is a search of police database records about an individual.

Commissionnaires offers a simple and quick online criminal background check. The procedure is as follows:. This service is designed for people who live and work in Canada. If you currently live outside the country, please specify whether you need a criminal background check based on your name and date of birth or using fingerprints, certified by the RCMP.

Ministry of Justice

When you need a basic criminal record check i. The online application process takes less than 15 minutes. You will be asked to fill out an online form and pay via credit card or PayPal. Your application will be submitted automatically through a direct and secure connection to our police partners. Criminal record checks using name and date of birth are processed within 15 minutes between 8am and 8pm EST Monday to Friday, excluding holidays. Once processed, you will receive your results by email. If you do not or cannot answer the questions about your credit history to satisfy eIV requirements, you will be required to present your identification in person at one of our offices or a participating Canada Post outlet. Likewise, if a name and date of birth check matches another individual after you complete your online application, fingerprints will be required. We can help. This online criminal record check service is intended for persons living and working in Canada only.

Criminal record checks

A criminal record is documentation of someone's contact or involvement with the criminal justice system, starting with the police. It includes any crimes they have been charged with or convicted of since age Most provincial police agencies also have access to a B. Youth records are treated differently than adult records.

We use cookies to collect information about how you use GOV. We use this information to make the website work as well as possible and improve government services.

Please Note : Once an applicant has submitted a request for a Police Information Check, there will be no refund issued. The onus is on the applicant to ensure they require a Police Information Check for their intended purpose and have the correct information. If you have any questions please contact our main office first before making application. For status of your police check please refer to the following website for current processing date.

Not Guilty But Not Really: Will Withdrawn or Acquitted Charges Appear on a Criminal Record Check?

Disclaimer: Navigating the complex regime governing retention and destruction of non-conviction records can be difficult as every police force has their own policies and procedures. This blog is a simplification to be used for reference only. If you are seeking more information, contact a lawyer at Edward H. There are two basic types of record checks that are frequently required by employers, volunteer organizations, and landlords: 1 Criminal Record Checks, and 2 Vulnerable Sector Checks.

That being said, there are two main ways to conduct a background check in Canada: by obtaining an official RCMP background check, or by performing an informal, free background check online. An RCMP background check is the only official way to perform a criminal background check on someone in Canada. Obtaining an RCMP background check normally involves a fee. In most cases, when someone needs to provide a criminal record check for the purpose of employment of volunteering, the cost will come from their own pocket. In some cases, one could obtain a free criminal record check in Canada by applying for a job in which the company conducts the check at their expense. The only truly free alternative to an official RCMP background check is to conduct an online search.

Police record checks

A Canadian criminal record is no joke, and it is important to know the facts about if you have a criminal record, and how to find out what it contains. Any encounter with the law may result in a criminal record, and most individuals prefer to know about theirs in advance with a proactive search into their own recorded criminal, or noncriminal, history. For anyone over eighteen years old, if you have been merely convicted of any criminal offence, you immediately have a criminal record on the books. This is true, even if you have tried and found not guilty, though a record of all activities is maintained. If this has been done by you, then your name, date of birth, and a unique identifying number has been collected for future criminal activity use. A Canadian criminal record, ultimately, is relatively simple; just a record of everything that has occurred with your name, birth date, and fingerprints. It includes everything such as convictions, criminal offences, with resulting outcomes that are both positive and negative, discharges, and any other potentially relevant information as well.

Resources for Individuals with records, Legal Professionals and Service Providers Resources and publications on police and criminal records from John.

About FAQ Contact. The requesting organization has included a search for Local Police Information in the request. What does that mean? Can I use myBackCheck. I know I have a Criminal Record.

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