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The Implications Of A Criminal Record

The concept of a criminal record can seem vague. From understanding the difference between a crime and a provincial offence to knowing who may access a criminal record, it is important to be well-informed.

A criminal record is the record of an individual’s criminal activity, provided that they have been convicted of a crime. For offenders over the age of 18, a criminal record has the potential to have lasting consequences that can affect employment, travel, and day-to-day living.

When Is A Criminal Record Created?

Once a charge is laid, a file is started with information relating to the alleged criminal actions. This file is temporary and can only be accessed by the police department who handled the charge. Individuals facing a criminal allegations are strongly encouraged to retain an experienced criminal lawyer given the serious nature of the situation. Some of the crimes commonly associated with criminal records include:

  • Sex crimes and domestic offences
  • Violent offences
  • Drug charges
  • Impaired driving
  • Financial charges and fraud
  • Property crimes

Are Criminal Records Permanent?

If an individual is convicted of the crime that they were charged with, the file is sent to the Canadian Police Information Centre and becomes permanent. That being said, there are circumstances under which a criminal record  may be sealed or pardoned. An experienced criminal lawyer may be able to ascertain whether a history of good behavior or demonstrated signs of rehabilitation could be translated into record suspension.

Who Can Access Criminal Records?

A criminal record serves as an indicator that an individual may not be qualified to fulfill a particular position or role. While the general public cannot access criminal records, some organizations may require a check to ensure that applicants meet their standards. In instances where an individual is expected to interact with certain members of the community, a more comprehensive check may be required to ascertain whether there have been convictions for sexual offences. 

What Are The Consequences Of A Criminal Record?

Simply put, a criminal record can create barriers on daily living. In many instances, employers will run a criminal record check and may choose not to hire candidates who do not pass. Individuals who have a criminal record may experience significant restrictions when it comes to immigration, international travel, and the ability to participate in some programs.

 

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Neuberger & Partners LLP
1392 Eglinton Avenue West
Toronto, ON M6C 2E4

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