Not everything a police service knows about a person is part of their "criminal record." This guide explains the general difference between a criminal record, which is generally tied to convictions and findings of guilt through the Canadian Police Information Centre (CPIC), and the broader set of local police records that individual police services may hold. It is general information only and does not replace legal advice about a specific situation.
This distinction matters in practice because it affects what may or may not be visible on different types of background checks, and because it is often misunderstood, sometimes leading people to assume that a dropped charge or a police interaction that never led to charges is completely invisible going forward.
Criminal Records: The Narrower Category
As discussed on our page about what appears on a criminal record, a Canadian criminal record generally consists of convictions and findings of guilt, generally tied to the CPIC database maintained by the RCMP. This is the category most people mean when they ask whether someone "has a record" in the strict legal sense.
Broader Local Police Records
Separately from CPIC, individual police services generally maintain their own files connected to investigations, calls for service, and other interactions they have had with a person, regardless of whether any of it resulted in a charge or a conviction. These local records generally exist for operational and investigative purposes and are generally not the same thing as a criminal record, even though they can sometimes surface in certain contexts.
Each police service generally manages its own records management system, and practices for how long information is kept, and under what circumstances it might be reviewed or removed, can vary from one service to another. This is part of why questions about a specific local file are generally best directed to the police service that holds it, rather than assumed to follow one province-wide standard.
Occurrence Reports and Non-Conviction Dispositions
Local police files can generally include occurrence reports documenting an incident, along with the outcome of any resulting charge, such as a withdrawal, a stay of proceedings, or an acquittal. None of these outcomes generally amounts to a criminal record, but the underlying file can generally still exist within a police service's own records management system unless it is specifically requested to be destroyed. Our page on removing non-conviction information discusses that request process in more detail.
Police Contact and Mental Health Situations
In some contexts, police records can also include information connected to mental-health-related calls, such as an apprehension under provincial mental health legislation, even where no criminal offence was ever alleged. This has historically been an area of significant concern, since this kind of sensitive, non-criminal information could sometimes surface on background checks in ways that many people found unfair or stigmatizing. Reforms to how record checks are conducted in Ontario were introduced partly in response to these concerns, discussed further below.
A mental-health-related police contact is not a criminal charge and does not create a criminal record. Whether and how it may appear on a specific type of background check is a separate question, governed by its own rules.
Where Broader Police Records Can Surface
Whether this broader category of information can appear on a background check generally depends on the specific type of check requested. A basic criminal record check is generally the narrowest, while other levels of check, and particularly a vulnerable sector check, are generally broader and can, in narrow and exceptional circumstances, disclose certain non-conviction information. Our page on types of criminal record checks explains these general categories, and our page on vulnerable sector checks goes into more detail on that particular, more thorough type of check.
Ontario's Reform of Record Check Disclosure
Ontario's Police Record Checks Reform Act, 2015 was introduced largely in response to concerns about non-conviction and mental-health information being disclosed too broadly on background checks. It generally standardized the categories of record checks available in Ontario and placed limits on what information can be disclosed at each level, restricting the release of non-conviction and certain other sensitive information except in narrow, defined circumstances. This legislation is discussed in more depth on our page about criminal record checks in Ontario.
Addressing Non-Conviction Information
A person concerned that a local police service holds non-conviction information about them, following a withdrawn charge or a similar outcome, may be able to request that the information be destroyed or removed. This is generally a request made directly to the specific police service involved, and practices, forms, and timelines can vary meaningfully from one service to another. See our page on removing non-conviction information for a general overview of that process.
Why This Distinction Matters Practically
This distinction matters most at moments when a background check is requested, such as applying for a job, a volunteer role, or a professional licence. Understanding that a criminal record and a broader police file are not the same thing can help set realistic expectations about what a specific check might reveal, and can help identify, in advance, whether it is worth taking steps to address older non-conviction information before a check is requested.
Frequently Asked Questions
Is a police record the same as a criminal record?
No. A criminal record is generally a narrower category tied to convictions and findings of guilt, while a broader police record can include occurrence reports and other information a local police service holds, even without a conviction.
Can a withdrawn charge still show up on a background check?
It generally will not appear on a basic criminal record check, but depending on the type of check, it can sometimes surface, particularly on a more detailed check such as a vulnerable sector check.
Can a mental health call to police appear on a background check?
This is generally restricted under Ontario's record check rules and disclosed only in narrow circumstances, if at all, but the specific outcome can depend on the type of check and the circumstances involved.
What law limits what can be disclosed on a record check in Ontario?
Ontario's Police Record Checks Reform Act, 2015 generally standardized the categories of checks available and placed limits on what can be disclosed at each level.
Can I get non-conviction information removed from local police files?
In many cases, yes, by requesting it directly from the police service involved, though practices and timelines vary. See our page on this process.
Does every police service handle this the same way?
No. Individual police services generally set their own specific procedures within the framework set by provincial rules, so timelines and requirements can differ between services.