Many people don’t realize that a non-conviction will appear on your criminal record, on its own or in addition to convictions.
Non-convictions alone can hinder your ability to pass a Criminal Record Check for a new job or volunteer position, or even stop you from travelling for pleasure or work. You may need a pardon for a non-conviction on your record.
Do I have a Non-Conviction on my Record?
If you were charged and/or fingerprinted for a criminal offence in Canada the answer is YES.
That information is kept in theNational Repository of Criminal Records until you formally request its destruction or until you reach the age of 125.
If you’re planning on working or travelling before you hit 126 years old, it’s time for you to have your criminal record suspended.
What are Types of Non-Convictions?
There are six types of non-convictions that could be on your record right now. They are:
- Withdrawn: The Court has decided to withdraw charges laid by police. The Crown evaluates the evidence and if there is not enough to support a conviction the case will not proceed to trial.
- Dismissed: The case is often closed or dismissed because a key witness does not attend.
- Stayed: Similar to withdrawn, except the case is kept open for one year in case new evidence is presented.
- Acquittal: The case went to trial and the verdict was not guilty.
- Diversion: You enter a guilty plea for a petty charge and the court orders appropriate programming i.e. Anger Management, Drug Rehab or a donation to charity. Once measures have been met the charge will appear as ‘withdrawn’ on your record.
- Discharge (Absolute & Conditional): A discharge is usually granted to a first time offender who poses little risk of repeating the offence. An Absolute Discharge is when you’re found guilty, but don’t receive a sentence. A Conditional Discharge is when you are found guilty and receive a light sentence, such as a donation or community hours.
Next Steps:
First, let’s figure out what’s on your criminal record.
Once we know what we’re dealing with then we will know how to proceed.
If you have any doubt about a possible charge that could potentially be there, let’s find out. We can help you either suspend your criminal record or apply for a file destruction.
Either way, it is possible to put your criminal record behind you.
Send us a message and let’s get started TODAY!
