Criminal Records in Canada: What They Are and How to Deal With Them

What counts as a criminal record?

Convictions

• A finding of guilt with a conviction entered.
• Under the Criminal Code, or another federal law such as the Controlled Drugs and Substances Act.

Not convictions

• Absolute and conditional discharges.
• Peace bonds.
• Withdrawals, stays, dismissals and acquittals.

Police may still keep records of these outcomes. Provincial offences, such as speeding under the Highway Traffic Act, do not create a criminal record.

Does a criminal record go away after 7 years?

No. That is a common myth. A conviction stays on your record until a record suspension is granted.

Discharges are different. An absolute discharge is removed from the national system after 1 year, and a conditional discharge after 3 years (Criminal Records Act s. 6.1). See discharges and your criminal record.

Record suspensions (pardons)

A record suspension keeps a conviction separate from other criminal records, so it usually does not show on most checks. Key points:

• Waiting period: 5 years for a summary conviction, 10 years for an indictable offence, for first offences on or after March 13, 2012.
• When the clock starts: only after your whole sentence is finished, including probation, fines and surcharges.
• Fee: $50.
• Not everyone is eligible. Some offences and combinations of offences are excluded.

See record suspensions (pardons) in Canada.

Records after a withdrawal or acquittal

A withdrawn, stayed or dismissed charge, or an acquittal, is not a conviction. But fingerprints, photos and police reports may still exist. In Peel, you can ask Peel Regional Police to destroy your fingerprints and photos after a waiting period. See removing records after a withdrawn charge.

Police record checks in Ontario

Ontario has three levels of police record checks, each showing different information:

• Criminal record check. Convictions.
• Criminal record and judicial matters check. Convictions plus discharges, outstanding charges, warrants and some court orders, with time limits.
• Vulnerable sector check. All of the above, plus some other information in limited cases.

See police record checks in Ontario.

Criminal records, travel and immigration

• Immigration. A conviction can make a permanent resident or foreign national inadmissible to Canada. See criminal charges and immigration status.
• Travel. Other countries set their own rules. A record suspension does not ensure entry to the United States or anywhere else.

Criminal records and employment

A record can affect:

• Jobs that require a police check.
• Professional licences.
• Volunteering with children or vulnerable people.
• Some housing applications.

For example, a person with an old shoplifting conviction may have no trouble getting a warehouse job, but may face questions when applying to work in a school.

How to protect your record if you are charged now

The outcome of your case decides what goes on your record. Withdrawals, peace bonds, diversion and discharges can all avoid a conviction. Getting advice early, before you plead or agree to anything, gives you the most options. See sentencing options.

Steps you can take now

1. Get a police record check, or an RCMP fingerprint-based check, to see what is on your record.
2. Confirm when any discharge should be removed from the national system.
3. If a charge was withdrawn or dismissed, apply to have your fingerprints and photos destroyed.
4. If you have convictions, check your record suspension eligibility and gather your documents.
5. If you are not a Canadian citizen, get advice on how your record affects your status.

Read what to do in the first 24 hours after an arrest.

Frequently asked questions