FAQs About Criminal Charges And Criminal Records In Canada

February 18, 2021

FAQs About Criminal Charges And Criminal Records In Canada

A criminal record refers to an entry done to a register administered by the Royal Canadian Mounted Police RCMP in Canada. These documents will consist of vital legal information about Canadian citizens, like identity, criminal charges, convictions, DNA, fingerprints, and more. This crucial information is available to all police services, legal agencies, and USA law enforcement through the Canadian Police Information Centre CPIC.

We will discuss some frequently asked questions about criminal charges and criminal records in Canada to understand their various repercussions.

How Can A Criminal Record Impact My Life In Canada?

Being a Canadian, a criminal record might impact your life in many ways, depending on the nature of the conviction:

  • The unavailability of some employment and volunteer opportunities
  • Impeding your ability to travel, study, or attain work permits
  • Impacting your existing Canadian citizenship, or application for a new Canadian citizenship

Always consult with an experienced criminal defence lawyer to explore your legal options and defences against your criminal charges to remove your criminal record.

Can I Avoid A Criminal Record After Pleading Guilty?

Usually, you will receive a criminal record, if you plead guilty to a criminal offence, as per the Canadian Criminal Code. However, there is an exception to this; if you get a ‘discharge’ at sentencing. To avail this, you need to demonstrate that it won’t affect the public interest to avoid a criminal record for the conviction.

To learn more about types of discharges, or evaluate a possible resolution without entering a criminal record, always talk to your legal expert.

Can I Travel To The US With A Criminal Record?

Successful convictions resulting from certain criminal offences will impact your ability to travel to the US, including manslaughter, murder, aggravated and sexual assault, bribery, theft, prostitution, forgery, and fraud. An allegation or successful conviction for trafficking or possessing a controlled substance, human trafficking, involvement in terrorism, or money laundering may also lead to your exclusion from visiting the USA.

However, when it comes to convictions related to minor offences, you can apply for a temporary waiver that will allow you to travel to the states, which an experienced criminal defence attorney can help you with.

How Can I Get Rid Of My Criminal Record?

You cannot get rid of your criminal record altogether. However, an expert criminal lawyer can help you set aside your criminal history through record suspension procedures. You can apply for a record suspension after waiting for five years after a summary conviction, or ten years after an indictable conviction.

It’s worth noting that you cannot suspend your criminal record following a successful conviction for a sexual offence involving a child. You cannot also apply for a record suspension process following convictions of more than three indictable felonies with respective sentences of two or more years.

The authorities can revoke your record suspension if you get convicted of a new criminal offence, found demonstrating bad behaviour, or found having misled the Parole Board during your application process. For a successful record suspension, or to obtain a pardon, you must consult with your criminal defence lawyer and evaluate your legal options.

About Slaferek Callihoo

Slaferek Callihoo is a dedicated criminal defence law firm based in Edmonton, Alberta. We help our clients defend all significant types of criminal offences. Visit our website to learn more about our areas of practice or contact us for professional legal guidance.

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Contacting Darin H. Slaferek

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