Will a Conditional Discharge Show on a Background Check?

The short answer

A discharge is not a conviction. It is removed from the RCMP's national system 1 year after an absolute discharge and 3 years after a conditional discharge. Until then, it can appear on some Ontario background checks, but not on a basic criminal record check. Knowing exactly when your discharge comes off the system helps you plan job applications, volunteer work and travel. This guide explains the rules and the steps you can take to confirm that the discharge is gone.

What a discharge is

A discharge is a sentence under s. 730 of the Criminal Code. The judge finds you guilty, but no conviction is entered on your record. A judge can grant a discharge only when it is in your best interests and not contrary to the public interest. A discharge is not available for offences with a minimum sentence, or with a maximum of 14 years or life.

Absolute vs conditional discharge

• Absolute discharge: You are discharged right away, with no conditions to follow.
• Conditional discharge: You must follow probation conditions, usually for 1 to 3 years. Completing them makes the discharge final, but a breach can lead to a conviction for the original offence.

See conditional and absolute discharges.

How long a discharge stays on your record

An absolute discharge is removed from the national system 1 year after the discharge was granted. A conditional discharge is removed 3 years after it was granted. After that, references to the discharge must be removed, and federal records of it cannot be disclosed without approval (Criminal Records Act, s. 6.1).

Ontario background checks

• Criminal record check: This check does not show discharges.
• Criminal record and judicial matters check: This check shows discharges, but only until the removal periods end.
• Vulnerable sector check: This check follows the same discharge rules as the judicial matters check.

See police record checks in Ontario.

Fingerprints and photographs

Police may still hold your fingerprints and photographs after a discharge. In Peel, you can ask for them to be destroyed 1 year after an absolute discharge or 3 years after a conditional discharge. See removing records after a withdrawn charge.

Answering questions about your record

Many forms ask whether you have a criminal record, whether you have been convicted, or whether you have ever been charged or found guilty. These are different questions, and a discharge affects each one differently. In Canada, a discharged person has not been convicted. However, a question about findings of guilt or charges may require a different answer, especially on foreign travel or immigration forms. Read each question carefully and get advice if you are unsure.

Discharges, travel and immigration

Canadian law does not treat a discharge as a conviction, which helps with immigration status in Canada. However, the United States and other countries set their own rules and may treat a discharge differently. Get advice before you travel or apply. See criminal charges and immigration status.

For example, a person who received a conditional discharge for a minor offence may not be inadmissible to Canada, but may still be asked about it at the U.S. border.

Discharges and employment

During the removal period, an employer that requests a judicial matters or vulnerable sector check may see the discharge. Some employers and regulators also ask about findings of guilt directly. Once the removal period ends, the discharge should no longer appear on Ontario police checks, which can make a real difference for jobs in health care, education and finance.

Breaching a conditional discharge

If you break a probation condition attached to a conditional discharge, you can be charged with breach of probation. The court can also cancel the discharge, enter a conviction for the original offence and impose a new sentence. That is why it is important to understand and follow every condition until the probation period ends.

What to do now

• Write down the date your discharge was granted, and calculate the 1-year or 3-year removal date.
• Keep a copy of your probation order and follow every condition.
• Apply to have your fingerprints and photographs destroyed once the waiting period passes.
• Get advice before you answer questions about your record on foreign forms.

How to confirm the discharge has been removed

1. Calculate the date: Add 1 year or 3 years to the date the discharge was granted.
2. Request a check: After that date, request a fingerprint-based check through the RCMP or a judicial matters check from your local police service.
3. Review the results: Confirm that the discharge no longer appears.
4. Follow up: If it still appears, contact the police service or the RCMP and ask for the record to be corrected.

Discharges and professional licensing

Some regulators, such as those for nurses, teachers, lawyers and financial professionals, ask members or applicants about findings of guilt rather than convictions. A discharge involves a finding of guilt, so it may need to be reported even though it is not a conviction. Check your regulator's rules before you answer any questions.

Common mistakes

• Assuming the record is gone immediately: A discharge stays in the national system until the 1-year or 3-year period ends.
• Ignoring probation: Breaching a conditional discharge can turn it into a conviction.
• Answering foreign forms carelessly: Other countries may ask about arrests, charges or findings of guilt, not only convictions.

How we can help

We can explain exactly when your discharge should be removed and how it affects your plans. Call (647) 223-1980 for a free consultation.

Frequently asked questions