Living With a Criminal Record in Canada

People use `criminal record` to describe several kinds of justice information. The RCMP’s National Repository of Criminal Records contains fingerprint-supported criminal record information, including convictions and, for the applicable retention periods, discharges. Police services and courts may also keep separate local records about charges, court outcomes, or incidents.

A conviction record does not disappear merely because time passes. A record suspension can require the judicial record of a conviction to be kept separate and apart from other criminal records, but it does not erase the fact that the conviction occurred. Different rules apply to discharges, youth records, local police information, and court records.

Police access record information for authorized law-enforcement and record-check purposes. A criminal record check does not necessarily disclose every police, court, or occurrence record. What is searched and disclosed depends on the type of check, the purpose, and the applicable law.

Employers and volunteer organizations do not automatically see a criminal record. What an employer or volunteer organization may request, what consent is required, and what a police record check may disclose depend on the type of check and the applicable federal or provincial law. Some positions involving trust or authority over children or vulnerable people may call for a Vulnerable sector checkA type of police record check for certain positions involving trust or authority over children or vulnerable people.. It may involve additional verification and may disclose information that is not included in a basic criminal record check where federal and provincial law permit.

A discharge is not a conviction. If a court gives an absolute discharge or a conditional discharge, the person is found guilty, but no conviction is registered.

The Criminal Records Act sets out what happens to a federal record of a discharge. After more than one year has passed since an absolute discharge, or more than three years since a conditional discharge was ordered, a federal record of the discharge generally cannot be disclosed without prior ministerial approval. At the end of the applicable period, the RCMP must remove references to the discharge from its automated criminal-conviction-record retrieval system.

A discharge is not a conviction, but related police or court information may be governed by different retention and disclosure rules. Before the applicable federal period expires, references to a discharge may remain in federal criminal-record information. Police services and courts may hold other information under separate provincial or local retention and disclosure rules. What appears on a particular check depends on the jurisdiction and the type of check. A discharge is one kind of sentence a court can give. See Types of Sentences to see how it compares to other sentences.

A record suspension, formerly called a pardon, is a separate process from a discharge being removed automatically. It does not erase a criminal record, but it sets the record apart so it does not usually show up on a standard check.

Record suspensions have their own eligibility rules, waiting periods, and application steps. This page does not repeat those details. See Pardons (Record Suspensions) for a full explanation of how the process works.

A criminal record can affect a person’s ability to get certain jobs or volunteer roles. Employers and volunteer organizations often ask about criminal records, and some require a record check before hiring or accepting a volunteer.

The rules are different depending on the job, the organization, and the province. Some employers consider whether the record relates to the specific job. A lawyer can give advice about how a specific record may affect a specific job. See Know Your Lawyer for general guidance on finding one.

United States authorities make their own admissibility decisions. A Canadian discharge or record suspension does not guarantee entry to the United States or removal of information already held in U.S. systems. Travellers with a criminal history should check current official U.S. sources and obtain legal advice where needed.

A Canadian conviction or other court outcome may be relevant under U.S. immigration law, but not every record makes a person inadmissible. U.S. authorities apply their own definitions and offence-specific rules. Canadian labels such as discharge, pardon, or record suspension do not control the U.S. result.

The United States also has a waiver process for some people who would otherwise be inadmissible. Rules, forms, and processing times can change, so current official U.S. sources can confirm current requirements.

Other countries set their own entry rules too, and those rules can be different from the rules used by the United States.

Questions about a criminal record, a discharge, a record suspension, or travel with a record can be complicated. The right answer depends on the details of the record and the situation.

A lawyer can review a specific record and explain the options that may apply. See Know Your Lawyer for general guidance on finding one. People who cannot afford a lawyer may qualify for help through legal aid. See Qualifying for Legal Aid to check the rules where you live.