It’s well known that a criminal record in Ontario or Canada is something that you want to avoid. However, what exactly happens if you have one? That’s what we’re going to look at here.
We’ll not only look at how it affects travel, work, and life, but also if you can get your record cleared and how to move past it. By the end, you should have clarity on how a criminal record will impact someone’s life.
What Is a Criminal Record?
The criminal record in Ontario is simply a summary of all some of your interactions with the criminal justice system. This will include all the convictions for criminal or other offences under federal law. Along with this, it can also show charges that did not lead to a conviction, like conditional discharges.
The record is maintained by the Royal Canadian Mounted Police (RCMP) in a national database known as the Canadian Police Information Centre (CPIC). A conviction will stay on your criminal record indefinitely without any action. However, you can request that it be removed in specific circumstances.
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Impact on Employment
Many employers in Ontario will run a criminal background check. This is almost certain if the position involves vulnerable people such as children or the elderly. The check will also be done in positions that involve financial responsibility or security clearance. However, even for entry-level jobs, the hiring manager can request a check.
There are three checks that can be completed:
Criminal Record Check – Shows convictions and any findings of guilt.
Criminal Record and Judicial Matters Check – Includes outstanding charges, warrants, and court orders.
Vulnerable Sector Check – Includes all of the above, plus information about patterns of behaviour from local police reports.
Unless you’ve been pardoned for the crime, this record can be used in the hiring decision. If you have been pardoned, then you can’t be discriminated against based on a “record of offences”. You also can’t be discriminated against for a provincial offence, such as a traffic violation.
However, even if pardoned, the employer can refuse to hire someone if the nature of the offence is closely related to the job. Examples would include repeated driving offences for a driving role, or a crime against children for any role involving vulnerable people.
Finally, there are some careers where you require a professional licence, such as teaching, law enforcement, and health care. Rigorous background checks are required for such licenses, and a criminal record may disqualify you from qualifying for one.
Impact on Travel
There may be a significant impact on travel depending on where you’re travelling to. A criminal record doesn’t prevent you from travelling within Canada. However, there may be restrictions placed upon your travel if you are on probation, parole, or are under a court order.
Crossing the U.S. border can be difficult with a criminal record. Drug and violent offences will often make you inadmissible. You’re also likely to be rejected if you commit any crime involving moral turpitude. This is a term used for any offence that is particularly vile or depraved. This includes a wide range of crimes, and it’s best to check before you plan to travel.
You can apply for a waiver for travel to the U.S., but it heavily depends on the circumstances of your case. The seriousness of the offence will be the main concern, but other factors will be considered, such as conduct following the conviction, time passed, reason for travel, and if a pardon has been obtained.
Other countries will have their own policies on admitting travellers from Canada. Some may allow entry for minor or older offences, whereas others may be stricter. It’s always best to check a specific country’s immigration rules.
Impact on Daily Life in Ontario
Aside from employment and travel, a criminal record can also affect you in many other ways:
Housing – Landlords can ask about a criminal record and may refuse to rent based on one. This can especially be true for competitive rental markets such as Toronto.
Volunteering – Many organizations will require a background check, especially if it involves working with vulnerable people. An organization will have their own view on what it will or won’t allow.
Child Custody and Family Law – The court will always prioritize the child’s best interests and safety. A criminal record will be included in that check, but many other factors will also be included.
Firearm Possession – A criminal conviction can lead to a firearms prohibition order.
Can You Clear Your Record?
You can receive a pardon. This will seal your criminal record from the database, which will prevent it from showing up in most background checks. You have to apply for this pardon, but it will only be granted after a specific time and with good behaviour.
If found guilty of a summary offence, you must wait for 5 years to apply for a pardon. If guilty of an indictable offence, that is extended to 10 years. However, not all offences are eligible for suspension, such as sexual offences against children.
Related Article: https://www.agpllp.ca/the-different-types-of-criminal-charges-in-ottawa/
Final Thoughts
A criminal record in Ontario doesn’t have to define your life, but it can affect you in many areas. It’s important to take steps to rehabilitate yourself and request a pardon when the time comes. With time, the impact of a criminal record will lessen considerably.
If you or someone you know is navigating a criminal charge and is worried about their future, reaching out to a lawyer can be an important first step. Contact AGP LLP today, and we’ll be happy to take your call and see how we can help.
