Any custodial sentence over two and a half years stays unspent.
Can I enter or stay in Canada if I received a pardon for my crime?
The specified time is the rehabilitation period. This could be:.
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People on these lists are barred from regulated activity with children and vulnerable adults. It is a criminal offence for someone on these lists to work or apply to work in regulated activity. AccessNI filters convictions and cautions for minor or certain old offences from standard and enhanced checks. Filtering does not remove convictions for serious offences or convictions that resulted in a prison sentence.
Specified offences include:. The examples of filtered records explain when filtering applies to cautions or convictions for minor offences. Real people's names aren't used. Arnold is This is his only conviction. This will be filtered because the offence is not on the specified list and the conviction is more than 11 years old. Basia is These convictions will not be filtered. Although over 11 years have passed since the convictions, Basia has more than one conviction so all convictions are disclosed.
How Long Does a Criminal Record Last in Canada?
This will be filtered because the offence is not on the specified list and the conviction happened over five and a half years ago when Cole was under Delia is She was convicted of common assault in Ely is He was convicted of possessing prohibited images of children in This is a single office which happened over 11 years ago. This conviction will not be filtered because it is a specified offence. This caution will not be filtered. Flora was over 18 when cautioned. Her caution is eligible to be filtered in , six years after the caution.
This caution will be filtered because Guy was under 18 when cautioned and over two years have passed since the caution. Helga is She was cautioned for shoplifting in She committed another offence in The caution will not be disclosed as Helga was under 18 when cautioned. Her separate conviction will be filtered in , provided she has no further convictions.
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Irene is She has two offences but none of this information will be on her check. Unlike convictions, more than one caution or informed warning can be filtered. The offences aren't on the specified list.
More than two years have passed since the caution and one year since the informed warning. Filtering doesn't remove information about your criminal history from your record. It means certain details aren't shown on your AccessNI check. This happens when police believe a caution or conviction might be relevant to a job and should be disclosed on your certificate. Sometimes before a disclosure certificate is issued, AccessNI will ask for an independent review of criminal record information.
An independent reviewer will do the review. If you were under 18 when convicted, the conviction is now spent and there is no information on adult offences, any criminal record information will go to an independent reviewer.
What is a record suspension?
They'll write and ask if you want to say anything about the disclosure of this information. Once the reviewer considers all the relevant information, they'll issue a certificate with:. Each police force has its own guidelines and policies respecting applications for and the contents of Police Record Checks.
Non-conviction records include pending criminal or relevant provincial statute charges and orders, and Alberta and out-of-province outstanding warrants. They also include records of charges that were laid but did not result in a conviction including instances where the subject of the check was granted an absolute or conditional discharge, found not guilty, acquitted or found not criminally responsible by reason of mental disorder.
Police Record Checks also disclose records of charges that were withdrawn or stayed.
How Long Do Criminal Records Last in Canada? | Pardons Canada | Blog
Police contact records include information from local police databases and Alberta Provincial Court records. Police contact records disclose when the subject of the check merely had contact with the police and can include:. There are several concerns raised by Police Information Checks. First, most citizens are not aware that this information is being collected and retained.
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Second, the police have the discretion to decide what information will be disclosed and this discretion may be exercised differently by different police organizations. Third, there are no guidelines in respect of how long certain types of Police Information Check records should be retained and some are kept indefinitely. Fourth, the police will disclose Police Information Check records if they believe the records will help an organization make a decision about how they will deal with an individual. Organizations may not be qualified to make that decision, which may result in the individual being unfairly stigmatized and as a result, rejected.
Since individuals may never know why they were rejected, they will be unable to seek remedies for unfair treatment. There are some limited protections for those who are concerned that they or others have or will be negatively impacted by the release of information obtained under Police Record Checks.
First, in most cases, the subject of a Police Record Check must consent to the performance of and disclosure of information in a Police Record Check, either directly or by consenting or agreeing to provide a Police Record Check to the individual or organization requesting it. In addition, individuals can determine whether there is cause for concern regarding the information that will be divulged in a Police Record Check by requesting a detailed Police Record Check directly from the police services with which they have interacted or by filing a request for information under access to information or privacy legislation.
A person who believes they have been the subject of discrimination, for example, by being denied employment because information in a Police Record Check divulged that they have a mental disability, can file a complaint with the relevant human rights commission alleging discrimination and seeking a remedy.
The legislation that applies depends upon whether the individual, organization or government is provincial or federal. However, the AHRA does not prohibit discrimination on this ground. Privacy legislation also offers some protection.
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