What is on my Criminal Record?

The first question that most people ask of a criminal lawyer is “Am I going to jail?” The second most popular question asked is “Will I have a criminal record?” The Royal Canadian Mounted Police maintain a database containing information on individuals uploaded by the local law enforcement agencies. The database called the Canadian Police Information Centre (CPIC) contains entries of convictions for criminal offences, which people would easily identify as criminal records (for more details please see the article on criminal dispositions), but also withdrawn charges, peace bonds, apprehensions under mental health act legislation, which are not technically criminal findings. Additionally, when people obtain a “criminal background check,” the police force conducting the check will not only search CPIC but local police databases as well. Those databases also contain non-conviction information (e.g. mental health act hospitalizations, if the person has been the subject of an investigation, whether they were a victim of an offence…)

In Ontario, disclosure of CPIC and local police database information is subject to The Police
Record Checks Reform Act, 2015, S.O. 2015, c. 30. The legislation requires the following to
take place when requesting a police record check:

An application is made for a specific type of check
- Criminal Record Check
- Criminal record and judicial matters check
- Vulnerable sector check
The results of the check are disclosed to the individual who is the subject of the request.
Further disclosure to other parties is made only after the subject of the check authorizes the same in writing.
There is a procedure for correcting incorrect information disclosed during a police record check.

So what will show up on the police record check? The answer depends on the type of check performed.

A “Criminal Record” check only discloses convictions and does not include:
1. Discharges either absolute or conditional.
2. Convictions for offences which proceeded by way of summary conviction if more than 5 years has elapsed since the conviction
3. Convictions for which a pardon has been granted.

A “Criminal Record and Judicial Matters” check discloses all of the above, as well as:
1. Absolute discharges, unless more than a year has elapsed since the discharge was granted.
2. Conditional Discharges, unless more than three years has elapsed since the discharge was granted.
3. Any outstanding charges
4. Outstanding warrants for arrest
5. All court orders made except,
  - court orders made under the Mental Health Act or under Part XX.1 of the Criminal Code (Canada).
  - court orders made in relation to a charge that has been withdrawn.
  - restraining orders made against the individual under the Family Law Act, the Children’s Law Reform Act or the Child, Youth and Family Services Act, 2017.

A “Vulnerable Sector Search” check discloses all of the above, as well as:
1. Every offence with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder, unless more than 5 years have elapsed since the finding or an absolute discharge has been granted.
2. Non conviction information authorized by s. 10 of the Act. This would include, but not necessarily be limited to, peace bonds, withdrawn charges, investigations which did not result in charges, etc. In order to disclose any non-conviction information it must meet all of the following criteria:

The following chart summarizes the disclosure of various information

Column 1 Type of Information	Column 2 Criminal record check	Column 3 Criminal record and judicial matters check	Column 4 Vulnerable sector check
Every criminal offence of which the individual has been convicted for which a pardon has not been issued or granted.	Disclose. However, do not disclose summary convictions if the request is made more than five years after the date of the summary conviction.	Disclose. However, do not disclose summary convictions if the request is made more than five years after the date of the summary conviction.	Disclose. However, do not disclose summary convictions if the request is made more than five years after the date of the summary conviction.
Every finding of guilt under the Youth Criminal Justice Act (Canada) in respect of the individual during the applicable period of access under that Act.	Disclose.	Disclose.	Disclose.
Every criminal offence of which the individual has been found guilty and received an absolute discharge.	Do not disclose.	Disclose. However, do not disclose if the request is made more than one year after the date of the absolute discharge.	Disclose. However, do not disclose if the request is made more than one year after the date of the absolute discharge.
Every criminal offence of which the individual has been found guilty and received a conditional discharge on conditions set out in a probation order.	Do not disclose.	Disclose. However, do not disclose if the request is made more than three years after the date of the conditional discharge.	Disclose. However, do not disclose if the request is made more than three years after the date of the conditional discharge.
Every criminal offence for which there is an outstanding charge or warrant to arrest in respect of the individual.	Do not disclose.	Disclose.	Disclose.
Every court order made against the individual.	Do not disclose.	Disclose. However, do not disclose court orders made under the Mental Health Act or under Part XX.1 of the Criminal Code (Canada). Do not disclose court orders made in relation to a charge that has been withdrawn. Do not disclose restraining orders made against the individual under the Family Law Act, the Children’s Law Reform Act or the Child, Youth and Family Services Act, 2017.	Disclose. However, do not disclose court orders made under the Mental Health Act or under Part XX.1 of the Criminal Code (Canada). Do not disclose court orders made in relation to a charge that has been withdrawn. Do not disclose restraining orders made against the individual under the Family Law Act, the Children’s Law Reform Act or the Child, Youth and Family Services Act, 2017.
Every criminal offence with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder.	Do not disclose.	Do not disclose.	Disclose. However, do not disclose if the request is made more than five years after the date of the finding or if the individual received an absolute discharge.
Any conviction for which a pardon has been granted.	Do not disclose unless disclosure is authorized under the Criminal Records Act (Canada).	Do not disclose unless disclosure is authorized under the Criminal Records Act (Canada).	Do not disclose unless disclosure is authorized under the Criminal Records Act (Canada).
Any non-conviction information authorized for exceptional disclosure in accordance with section 10.	Do not disclose.	Do not disclose.	Disclose. Set out the information in the prescribed form (if applicable).