Will I have a Criminal Record?

Police record checks can disclosed various types of informations including: criminal convictions, discharges and non findings of guilt. What information exactly is disclosed on these record checks depends on a number of factors such as jurisdiction, a given police force’s policies and the level of record check requested. The information below is a generalization and only applies to adult records.

If you have pleaded guilty or have been found guilty of one or more charges, the matter will generally proceed to sentencing. At the sentencing phase, you may either receive (a) a criminal conviction or (b) a discharge.

criminal convictions

If you are sentenced to any of the following, you will receive a criminal conviction:

  • a term of imprisonment;

  • a suspended sentence;

  • an intermittent sentence;

  • a conditional sentence; or

  • a fine or forfeiture.

If you receive a criminal conviction, it will appear on your criminal record. It will remain on your record indefinitely unless you apply for and receive a record suspension (commonly referred to as a “pardon”). It is important to note, however, that not all convictions qualify for a record suspension. Speak with a lawyer if you are interested in learning more about record suspensions and whether you qualify to apply for one.

discharges

You may also be sentenced to an absolute or conditional discharge. This means you have been found guilty (either you pleaded guilty or were found guilty after trial) but have not received a criminal conviction. You cannot receive a record suspension for a discharge. Under the Criminal Records Act, records of a discharge are automatically sealed and removed from RCMP databases:

  • 1 year from the date of an absolute discharge; and

  • 3 years from the date of a conditional discharge.

While you are not technically receiving a criminal record for a discharge, the fact that you received a discharge is often still disclosed on basic police record checks within the one and three year time frames.

other types of records

While not a formal criminal record, i.e. records not based on findings of guilt or a criminal conviction, police record checks often also include information about other interactions with the police or court system such as:

  • Mental health apprehension;

  • Withdrawn charges;

  • Stay of proceedings; and,

  • Acquittals.

Disclaimer: Please note that this article is not legal advice. It is simply intended to be a simplified explanations of the criminal process in Ontario. There may be differences, however, in different jurisdictions or courthouses within Ontario based on their own rules, regulation or common practices. If you’ve been charged with a criminal offence or are anticipating potential charges, don’t hesitate to reach out to a lawyer for a consultation to discuss the particulars or details of your case.