Does a Peace Bond Show Up on a Background Check?

The short answer

A peace bond is not a conviction, so it does not create a criminal record. However, while it is in effect, it can show up on some Ontario police checks, because current court orders can be disclosed. After it ends, it generally does not appear on standard checks. Knowing which checks show what information can help you plan for employment, volunteering and travel while the order is active and after it expires.

Types of police checks in Ontario

Ontario has three levels of police record checks under the Police Record Checks Reform Act, 2015:

• Criminal record check: This shows convictions. A peace bond does not appear, because it is not a conviction.
• Criminal record and judicial matters check: This shows convictions, plus outstanding charges, warrants and certain court orders in effect. A peace bond in effect may appear.
• Vulnerable sector check: This shows everything above, plus some other information in limited cases. A peace bond in effect may appear.

See police record checks in Ontario.

Police databases

While a peace bond is in force, it is recorded on police databases, including the national police information system. That means police officers who check your name during a traffic stop or another interaction will usually see it. This is separate from the police checks that employers request, and it does not mean you have a criminal record.

Jobs and volunteering

Most jobs that ask for a basic criminal record check will not see a peace bond. Jobs involving children or vulnerable people, which use a vulnerable sector check, need more care while the bond is in effect.

For example, a person applying for a warehouse job with a basic check is unlikely to be affected. A person applying to coach youth sports while the bond is active may be.

Answering questions on applications

Some applications ask whether you have ever been convicted of a criminal offence. Because a peace bond is not a conviction, the honest answer to that question is usually no. Other applications ask broader questions, such as whether you are subject to any court order. Read each question carefully and answer it honestly, because a false answer can cause more harm than the peace bond itself.

Travel to the United States

Because a peace bond is not a conviction, it is less likely to cause problems at the border than a criminal record. However, US officials make their own decisions and may ask about past arrests or charges. Answer honestly, and get advice if you are unsure.

Immigration

A peace bond is not a conviction under Canadian law, so it does not by itself trigger criminal inadmissibility. However, immigration officers may still ask about the circumstances. Get immigration advice if you are not a Canadian citizen.

Police records of the original charge

If your peace bond resolved a criminal charge, police may still have fingerprints and photographs from that charge. You can usually apply to have them destroyed after the peace bond expires. See removing records after a withdrawn charge.

What to do now

• Note the date your peace bond ends, so you know when it should stop appearing.
• If you need a police check for a job, ask which level of check the employer requires.
• Once the bond ends, ask about destroying fingerprints and photographs from any related charge.

How long the order stays in police systems

A peace bond is recorded on police databases from the day it is made until the day it expires. Once it ends, it should no longer appear as a current court order, although police services may keep historical records of the original incident and any related charge in their own local files. If you are concerned that an expired peace bond is still affecting a police check, a lawyer can help you request a review or ask the police service to remove related records where their policies allow it.

Professional licences and regulators

Some professional regulators, such as those for nurses, teachers and lawyers, ask members whether they are subject to any court orders or have been charged with an offence. Because a peace bond often resolves a criminal charge, the original charge may need to be reported even though there was no conviction. Check your regulator's rules carefully, or get advice, before you agree to a peace bond, so that you understand any reporting obligations that may follow.

Volunteering and coaching

Many volunteer organizations that work with children, older adults or people with disabilities require a vulnerable sector check before a person can start. While a peace bond is in effect, it may be disclosed on that type of check, which could delay or prevent an application. If volunteering or coaching is important to you, it may be worth timing new applications for after the peace bond ends, or speaking with the organization about the circumstances.

Peace bonds and firearms licences

When a peace bond includes a weapons condition, you must follow it for the full term, which can mean surrendering firearms and your licence. In addition, the Chief Firearms Officer may review a person's licence when information about a court order or a related incident comes to their attention, even after the order ends. Firearms owners should get advice about these issues before agreeing to a peace bond, because the effects on a licence can last longer than the order itself.

Asking for records to be removed

If your peace bond resolved a criminal charge, you can usually ask the police service that laid the charge to destroy the fingerprints and photographs taken at the time, once the peace bond has expired. Each police service has its own process and waiting period, and some require a written application with a copy of the court outcome. A lawyer can help you prepare the request and follow up if the police service refuses.

How we can help

We can explain how a peace bond is likely to affect your job, travel or immigration plans before you agree to one. Call (647) 223-1980 for a free consultation.

Frequently asked questions