A criminal record can affect many parts of life well beyond the courtroom, from employment to travel. Understanding, in general terms, what a criminal record is, what can appear on it, and what options may exist for addressing one is an important starting point. This guide is general information only. Rules around criminal records, record checks, travel, and immigration are detailed, differ depending on the type of check or process involved, and change over time, so specific questions should always be directed to a lawyer or the relevant authority.
What Is a Criminal Record?
A criminal record generally refers to an official record of findings of guilt for criminal offences, maintained by Canadian law enforcement authorities. It is distinct from a general police record, which can include a broader range of police contact, and from court files, which contain the detailed documents from a specific case. Different institutions can hold different types of records, which is part of why questions about "my record" often depend on exactly which record is being discussed.
Because record-keeping and record-check systems are governed by a combination of federal and provincial rules, along with the policies of individual employers or organizations, general statements about criminal records can only go so far. This page focuses on explaining the general landscape rather than providing definitive answers for a specific record or situation.
What Can Appear on a Record
A criminal record can generally include findings of guilt for Criminal Code and other federal offences. Depending on the type of record check requested, additional information beyond formal findings of guilt may also appear, which is discussed further in the sections on record checks below. What specifically shows up depends on the offence, the outcome of the case, the passage of time, and the type of check being conducted.
It is a common misconception that a record is a single, simple document that either exists or does not. In reality, information relevant to a person's interactions with the justice system can be held in several different places, including local police services, the national repository maintained federally, and individual court files, each with its own rules about access and retention.
Findings of Guilt vs. Discharges
Not every finding of guilt results in a registered conviction. As explained in our overview of criminal sentencing, a discharge is a sentencing outcome where a finding of guilt does not result in a formal conviction being registered, subject to conditions. How a discharge appears, and for how long, on different types of record checks is a detailed question governed by specific rules, and is best answered by a lawyer or by reviewing current official guidance rather than a general statement here.
This distinction matters because people sometimes assume, incorrectly, that a discharge means there is no record at all, in any sense, from the moment it is granted. In practice, some information connected to a discharge can still exist for a period of time in certain police systems, even though a formal conviction was not registered. Our page on discharges discusses this in more detail.
Police and Non-Conviction Records
Separately from a criminal record based on findings of guilt, police services generally maintain broader police records, which can include information about contact with police that did not result in a finding of guilt, such as charges that were withdrawn or resulted in an acquittal. Whether and how this kind of non-conviction information appears on a particular type of record check depends on specific rules and, in some cases, on individual police service practices.
Different types of records and record checks are governed by different rules. Assuming that "no conviction" automatically means "nothing will show up" on every type of check is a common and potentially costly misunderstanding.
Types of Record Checks
In Ontario, background checks generally fall into different categories, with a basic criminal record check being narrower in scope, and a vulnerable sector check, generally used for positions involving vulnerable people such as children or elderly individuals, being broader and sometimes including additional police information beyond formal convictions. Different organizations may request different levels of check depending on the position or purpose.
Because the specific rules governing each type of check, and what they can reveal, are detailed and can change, this page does not attempt to describe exactly what will or will not appear on a specific type of check. A lawyer, or the police service or organization conducting the check, can provide current, specific guidance.
Some sectors, such as those regulated by specific professional bodies or government licensing requirements, may have their own additional screening processes beyond a standard police check. Anyone applying in a regulated field with questions about how a record might factor into that process should check directly with the relevant regulator or licensing body, in addition to seeking legal advice if needed.
Who Can See Your Record
Access to criminal record information is generally restricted and governed by privacy laws and specific rules about who may request a check and for what purpose. Employers, volunteer organizations, and licensing bodies often require consent from the individual before a record check is conducted, and the individual is generally involved in initiating the request in most circumstances, such as through a local police service.
Law enforcement agencies across Canada, and in some circumstances internationally, can generally access relevant record information for legitimate law enforcement purposes, separate from the consent-based process used for employment or volunteer screening. This distinction is part of why a record can feel like it has different levels of visibility depending on who is asking and why.
Requesting Your Own Record Check
Many people request a criminal record check on themselves, whether out of general curiosity, in preparation for a job application, or to understand what an employer or organization might see. This is generally done through a local police service, and the process, cost, and turnaround time can vary depending on the police service and the type of check requested.
Requesting your own record check can be a useful first step in understanding your situation before applying for a job, volunteer position, or travel, since it lets you see, in general terms, what a similar request from a third party might reveal. If anything on the results is unclear or seems inaccurate, a lawyer can help explain it or advise on next steps.
Youth Records
Records connected to offences committed as a young person are generally treated differently from adult criminal records, reflecting the distinct youth criminal justice system in Canada. Rules around how long youth records are kept, who can access them, and how they interact with the adult record system are specific and detailed. Our overview of youth criminal justice in Ontario touches on this, and a lawyer can provide specific guidance for a youth record.
Record Suspensions: General Overview
A record suspension, sometimes still referred to by the older term "pardon," is a process that can, in some circumstances, remove a criminal record from the Canadian Police Information Centre database, so that it is no longer visible in most record checks. This process is federal and is administered by the Parole Board of Canada. Eligibility depends on the type of offence, the sentence imposed, and the passage of a waiting period, among other requirements.
Because eligibility rules, waiting periods, and the application process are specific and can change, this page does not state exact requirements or timelines. Our page on record suspensions and official Parole Board of Canada resources are the appropriate places to confirm current requirements, and a lawyer can assist with a specific application.
Employment and a Criminal Record
A criminal record, or even a police record without a conviction, can affect employment opportunities, particularly for positions that require a record check. Ontario human rights law includes some protections related to a record for which a person has received a pardon or record suspension, though the scope of these protections is specific and does not apply universally to every situation or every type of record.
Anyone concerned about how a record may affect a specific job opportunity, or who believes they may have faced unfair treatment because of a record, should consider speaking with a lawyer, since this area involves both criminal law and employment or human rights law considerations.
Travel and a Criminal Record
A criminal record can affect a person's ability to enter certain countries, including, commonly, concerns raised about travel to the United States. Immigration and border policies of other countries are set by those countries, can change, and are outside the control of Canadian authorities or this website. This page does not make specific claims about what will or will not be permitted, since doing so responsibly requires checking current official guidance from the destination country at the time of travel.
Anyone with a criminal record who is planning travel, particularly to the United States, is generally encouraged to research the current requirements of the destination country directly and to consider speaking with a lawyer who has experience with cross-border travel issues well before the planned travel date.
It is also worth being cautious about informal advice from friends, family, or online forums about whether a specific type of record will or will not cause problems at a border. Border officials apply the rules of their own country at the time of travel, and outcomes described by someone else in the past do not necessarily predict what will happen in a different case, even one that sounds similar.
Immigration and a Criminal Record
A criminal record can also have consequences for immigration matters, including applications for permanent residence, citizenship, or entry to Canada for non-citizens. Immigration law is a distinct and highly detailed area of federal law, separate from criminal law, and the specific consequences of a record depend heavily on the offence, the outcome, and the specific immigration process involved.
This page does not attempt to describe specific immigration consequences, since doing so responsibly requires up-to-date knowledge of immigration law and the specific facts of a case. Anyone with immigration concerns connected to a criminal charge or record should speak with a lawyer, ideally one with experience in both criminal and immigration law, as early as possible.
In some situations, immigration considerations can influence decisions made earlier in a criminal case, including at the stage of deciding whether to plead guilty, as discussed in our guide to guilty pleas. This is one of the strongest reasons to raise immigration status with a lawyer as early as possible, rather than only after a case has concluded.
Removing Non-Conviction Information
In some circumstances, it may be possible to have non-conviction information, such as records of a withdrawn charge or an acquittal, removed or excluded from certain types of record checks or police databases. The specific process and requirements for this depend on the type of information involved and the relevant police service or agency's practices. A lawyer can advise on whether this is a realistic option for a specific situation.
Steps to Take If You Have a Record
- Understand which specific record or record check is relevant to your situation before assuming what it shows.
- Speak with a lawyer about whether a record suspension or other process may be available to you.
- Before international travel, research the current entry requirements of the destination country directly.
- Before an immigration application, speak with a lawyer experienced in both criminal and immigration law.
- Keep documentation related to your case, such as court outcomes, in case they are needed later.
Frequently Asked Questions
How long does a criminal record last in Ontario?
This depends on the type of record, the offence, and whether a record suspension or other process applies. There is no single fixed answer that applies to every situation.
Will a withdrawn charge show up on a background check?
This depends on the type of check and specific rules and practices that apply. It is not automatically excluded from every type of check, which is why understanding the type of check involved matters.
Can I travel to the United States with a criminal record?
This depends on current U.S. entry requirements, which are set by U.S. authorities and can change. This website cannot make that determination; research current official requirements and consider legal advice before travel.
Does a discharge count as a criminal record?
A discharge does not result in a registered conviction, but how it appears on different types of checks involves specific rules. See our page on discharges for more general information.
How do I apply for a record suspension?
Record suspensions are administered federally by the Parole Board of Canada. Our page on record suspensions provides a general starting point, and a lawyer can assist with a specific application.
Can I check my own criminal record?
Yes, this is generally done through a local police service. It can be a useful way to understand what a similar request from an employer or organization might reveal.
Are youth records treated the same as adult records?
No, youth records are generally governed by different rules than adult records, reflecting the separate youth criminal justice system. A lawyer can explain how these rules apply to a specific youth record.