Criminal Records In Canada

The RCMP maintains a central police database, Canadian Police Information Centre (“CPIC”), that may be accessed by law enforcement agencies across Canada. Once a conviction of a criminal offence has been registered against you by a Federal or Provincial court in Canada, the conviction is entered into the CPIC system. In addition, local police agencies also maintain their own databases that contain additional information, including charges laid and criminal histories for non-convictions (e.g., acquittals, withdrawals, stays of proceedings). This type of information is usually kept internally and is not regularly released for the purpose of background checks. Information on discharges (i.e., cases where a finding of guilt has been made, but a judge has decided not to register a conviction) are also maintained by CPIC and local police agencies. Every police agency has its own policies and procedures with respect to record retention and destruction. A request to destroy your police records with the local agency that laid the charge, or with CPIC, may be done in certain situations where your case resulted in a non-conviction. In addition, if your case resulted in a non-conviction, you can apply to have any fingerprints, photographs and records of dispositions destroyed by the local police agency. If you have been previously convicted, it may be possible to apply to the federal government of Canada for a pardon/record suspension. A pardon/record suspension allows people who were convicted of a criminal offence, but have completed their sentence and have since demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. If a pardon is granted, a search of CPIC will not show that you had a criminal record, or even that you were issued a pardon/record suspension. If you would like to request to have your police records destroyed (in the case of a non-conviction) or to request a pardon/record suspension (in the case of a conviction), we can assist you.

A conviction of a criminal offence can negatively impact a person’s right to travel outside Canada. In fact, an accused person facing criminal charges in Canada may have difficulty travelling to certain countries, depending on the nature of the charge and the ultimate disposition of your case. The United States has very strict immigration rules for Canadian citizens and permanent residents who have been involved with the justice system in Canada. A person’s criminal history, even for a minor offence, can result in being denied admission, depending on both the circumstances of the offence, the final result of the case, and their interview with United States Citizenship and Immigration Services. Generally, to be denied entry into the United States on criminal grounds, the non-citizen or non-resident must be convicted of a “Crime of Moral Turpitude.” The list of “Crimes of Moral Turpitude” is extensive. It includes drug offences (even simple possession of Marijuana), most crimes of deception and a number of crimes of violence. The definition of “conviction” is much broader than in Canada and may include a conditional discharge for a “Crime of Moral Turpitude”. If you are planning to travel in the near future, and are concerned about the impact that your criminal history may have on your travel plans, contact us today. We work directly with US immigration attorneys in assisting Canadians who wish to travel to the United States for business or holidays. An experienced US immigration attorney can assist you with the preparation of an inadmissibility waiver. If you do not answer truthfully when asked about your criminal history while attempting to enter the United States, you may suffer serious consequences. With respect to travel to other countries, we can assist with determining and fulfilling the travel requirements on a case-by-case basis.

A conviction of a criminal offence can have negative consequences on a person’s status in Canada if they are not a Canadian citizen. Non-citizens (including permanent residents) who have been convicted of certain serious categories of offences in Canada (regardless of the sentence imposed), or who have received particular types of sentences (regardless of the nature of the offence), may find themselves subject to an immigration removal order. If an immigration removal order has been issued, it is only possible to appeal this decision in certain circumstances. If the immigration removal order was issued because you were convicted of a serious crime for which you received a prison sentence of at least two years, you will not be able to appeal the decision. At an appeal, the Immigration Appeal Division can consider humanitarian and compassionate factors, including the best interests of any child who would be affected if you had to leave Canada. When administering a sentence, the judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender. Accordingly, if a client could be facing immigration consequences upon conviction of a criminal offence, we present these collateral immigration consequences a part of the negotiation process. If you have been charged with committing a criminal offence and you are not a Canadian citizen, it is important that you get legal advice as soon as possible. Contact us today.