The reason the incident did not result in a conviction.Whether there is a pattern of incidents.Whether there is repeated behaviour towards more than one person.Whether the incidents target a vulnerable person.

Age of Applicant at the time of incident.The Guideline recommends a procedure to have non-conviction information excluded from the Vulnerable Sector Check, directing the police service to take consideration a number of factors, including: It also stipulates that non-conviction records must not be released on a Vulnerable Sector Check except in exceptional circumstances. In 2011, the Ontario Association of Chiefs of Police (OACP) approved a province-wide “Guideline for Police Record Checks.” The Guideline prohibits disclosure of information collected by police that is related to mental health is almost all circumstances. While this information is not recorded in all cases of police interaction, if you were ever charged with an offence, you can be sure this information was recorded, and may sometimes be included on a Vulnerable Sector Check. Non-conviction information can include records of police contact, mere allegations, withdrawn or stayed charges, acquittals, and even mental health information. This inquiry will provide information not only of criminal convictions, but also of outstanding entries, such as charges and warrants, peace bonds, probation and prohibition orders, absolute and conditional discharges currently within the retention period, any record suspensions (formerly pardons) for sexual offences, and possibly even non-conviction information. However, if you are seeking employment or volunteer opportunities with vulnerable persons, including children, the elderly, or people with disabilities, you will likely be required to get a Vulnerable Sector Check. Criminal convictions are the only records that will appear under this type of check. If there is a record of convictions, the individual to whom the record relates must provide fingerprints in order to access the record. There are two basic types of record checks that are frequently required by employers, volunteer organizations, and landlords: (1) Criminal Record Checks, and (2) Vulnerable Sector Checks.Ī criminal record check (or clearance letter) is a document issued by a local police force that indicates that an individual has no criminal convictions on “CPIC” and/or local police databases. And this information sometimes finds its way onto “criminal records.” However, there are also “police records,” which may contain information of charges you were never found guilty of, or even never charged with. When people refer to a “criminal record,” they are usually referring to a record of convictions contained in the Canadian Police Information Centre (“CPIC”). One of the most common questions I am asked as a criminal defence lawyer is: “will I have a criminal record?” And unfortunately, the answer is not usually a simple “yes” or “no.” If you are seeking more information, contact a lawyer at Edward H. This blog is a simplification to be used for reference only. Not Guilty But Not Really: Will Withdrawn or Acquitted Charges Appear on a Criminal Record Check?ĭisclaimer: Navigating the complex regime governing retention and destruction of non-conviction records can be difficult as every police force has their own policies and procedures.

Acquitted vs not guilty