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 you are a permanent resident and are convicted of a crime in Canada: you could lose your permanent resident status, you could be deported, and you might not be able to come back. I am trying to get this reduced to a misdemeanor as well. It covers the need to get legal advice as soon as someone is charged, “serious” crimes that can lead to people being deported and more. These charges can show up as dismissed, withdrawn, stayed, or discharged on your federal criminal record. Toronto, Ontario M4V 1K9, Hours of Operation: If you have been convicted of an offence, you may subsequently be refused entry into another country, even if you have since been granted a record suspension in Canada. Hiring decisions are often nothing more than a judgment call. Most people think that they only have to worry about a problem with their record if they are charged, tried and convicted of a criminal act. This record of you being charged will remain in the provincial system even if the charges are withdrawn or you are found not guilty. I have hired an attoney to work in my defense. These proceedings can be purged from the records through an absolute or conditional discharge, but this requires action on your part if you want it eliminated. When you are charged, the DA reports the charge to your state attourney general,..& then the DA is supposed to let the state know, the outcome of the case, but sometime they fail to do so, when the case is dropped,..Also, it could depend, on whether the form asked if you you have ever been arrested, or whether you have ever been convicted,..etc. What is the difference between Charged and Convicted? In some cases, even if you are not directly involved in a criminal charge, but merely a participant in some way, the fact that your name is mentioned in a police report still exists in some records. If you were charged with an offence prior to 1987 but received a conditional or absolute discharge, or the charges were stayed or withdrawn, then these records may very well still appear at the federal level on the CPIC database. Is a Pardon / Record Suspension Right for Me? Vulnerable Sector Employment If you are deemed rehabilitated you will be allowed to enter Canada. Contact the Canadian Consulate. My case is still going on, but I'm applying for a job at a bank. In cases where an absolute or conditional discharge was granted, the charge may be purged after a period of one (1) or three (3) years, respectively. Further, if you were convicted and later pardoned, the record will still remain in the provincial system. Can I enter Canada? Copyright 2018 Pardons Canada All rights reserved. In these cases, legal organizations such as the RCMP, police, and Customs & Border Patrol between the USA and Canada have access to more complete documents, such as actual police reports, even when no charges are filed. A check for a criminal record will have a complete entry of events, even if the end result was not a conviction. In Canada, we have what is called an adversarial system of prosecution. The tribunal dismissed his complaint in 2009, ruling that the Human Rights Code protects Ontarians with “record of offences” from discrimination if they were convicted of … Your crime is not considered a serious crime in Canada and involved NO property damage, violence or a weapon. Do not assume that such an outcome will satisfy the Canadian authorities. There have been plenty of instances where people have been tried but ultimately found not guilty of a criminal charge. If you have been convicted of a criminal offence then you will need a Canada Pardon to remove your criminal record from public record and then you will be safe to travel without worry. • Conviction is the verdict of the court against a person who has been charged of a crime or felony. I was charged 8 months ago with trying to obtain a controlled substance by fraud. 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