Many people face confusion when they wonder what will appear on their criminal record — a final conviction, a stayed charge, a discharge, or even a withdrawn case. This uncertainty can impact job applications, travel eligibility, licensing, and peace of mind.
If you live in Edmonton and are concerned about how prior charges might affect your future, a criminal defence lawyer in Edmonton can help you understand exactly what shows up and why.
This article explains how criminal records are created in Alberta and Canada, what types of charges and dispositions end up there, and when you might need legal help to protect your rights.
What a Criminal Record Actually Is in Alberta
In Canada, a “criminal record” typically means the record of convictions maintained by the national registry operated by Royal Canadian Mounted Police (RCMP) under the Canadian Police Information Centre (CPIC).
That registry does not always tell the full story of your interactions with law enforcement. “Police information checks” conducted by local or municipal police forces may include non-conviction information such as stayed charges, withdrawals, discharges, or other dispositions.
It is important to distinguish between:
- Conviction history: final court-entered convictions recorded in CPIC.
- Non-conviction dispositions: charges that did not result in conviction (e.g. stayed charges, withdrawn cases, acquittals, discharges). These generally do not amount to a criminal record under CPIC, but may still appear in police information checks or local police files.
What Charges Always Go On Your Criminal Record
Criminal Convictions
Any time an Alberta (or other Canadian) court convicts a person, whether for a summary offence or an indictable offence, the conviction is recorded in CPIC and becomes part of that individual’s criminal record.
This remains unless corrective action under federal law applies.
Indictable Offence Convictions
Indictable offences are more serious crimes under the Criminal Code and are automatically entered in CPIC once a conviction occurs. These remain on record indefinitely unless a separate process removes or suspends them.
Hybrid (Dual or Summary/Indictable) Offences
Many common charges, such as certain assaults, thefts, and impaired driving, can be prosecuted either summarily or by indictment, depending on factors such as severity and Crown discretion. Once convicted (whether as a summary or indictable offence), the conviction is entered into CPIC and will appear on your criminal record.
What Charges Do Not Go On Your Criminal Record
Not every charge leads to a conviction. Several possible outcomes do not create a permanent criminal record:
Withdrawn or Stayed Charges
If charges are withdrawn by Crown counsel or stayed (meaning the prosecution does not proceed), they do not result in a conviction. Therefore, they do not become part of the CPIC criminal record.
Because there was no conviction, there is technically no criminal record under CPIC. However local police or court files might retain records of the arrest or charge for varying periods depending on policy.
Acquittals
If a court finds you not guilty, there is no conviction. An acquittal does not create a criminal record.
As with stayed or withdrawn charges, the fact that charges were laid may remain in local police or prosecution files for a time, which may show up on certain types of police information checks or internal police databases.
Discharges (Absolute or Conditional)
In Canada, a court may grant a “discharge” even if it finds guilt. Discharge means that although the accused was found guilty, the court decides not to convict. There are two types: absolute discharge (no conditions) and conditional discharge (with terms such as probation, treatment, or community service).
Under federal law governing criminal records and record suspensions, an absolute discharge remains on record for one year, a conditional discharge for three years, after which the record is purged from the national repository.
Because a discharge is not a conviction, once purged, it does not count as a criminal record. But until the waiting period ends and the record is sealed, a criminal record check may show the discharge.
Employers and private-sector background checkers may interpret that as a criminal record, even though legally it is not a conviction.
What About Police Information Checks? Why They Show More Than a Criminal Record
A police information check (also called a “police record check” or “background check” depending on the jurisdiction) can reveal more than just your CPIC convictions. In addition to criminal convictions, it may show:
- Stayed charges
- Withdrawn charges
- Discharges (if still within disclosure period)
- Peace bonds or judicial orders
- Pending charges or warrants
- Local police history, even if not forwarded to the national repository
This broader disclosure can cause confusion. Someone without any conviction may still appear to have a “record” under a police-check result. That result influences how employers, landlords, or licensing bodies view you.
A criminal record is narrower (convictions only), while a police history check can be more expansive.
Do Peace Bonds or Probation Orders Automatically Appear on Your Criminal Record?
Peace Bonds
Signing a peace bond typically involves avoiding contact with certain people or complying with certain conditions. If no conviction results, this does not become a criminal record under CPIC.
But the peace bond may remain on local police files, which may show in certain police check disclosures, depending on policy.
Probation Orders
Probation ordered as part of a conviction remains tied to that conviction. The conviction persists in CPIC until resolved via record suspension or another legal remedy. Probation alone (as a non-conviction outcome) does not, by itself, become a record.
How Long Does a Criminal Record Stay in Canada?
Convictions Stay Until a Record Suspension
Under the Criminal Records Act (CRA), individuals may apply for a Parole Board of Canada-managed record suspension (formerly pardon) after a prescribed waiting period, usually five years for summary offences and ten years for indictable offences, provided the requirements are satisfied.
Once granted, the record of conviction is removed from the CPIC active criminal record repository. CPIC searches will no longer show the suspended record.
Discharges Are Automatically Sealed After Time Period
As noted, absolute discharges are sealed after one year, conditional discharges after three years.
After sealing an absolute or conditional discharge, you no longer have a “record” under CPIC. However, police agencies may retain local records unless you take additional legal steps to have local files purged.
How Criminal Records Affect Employment, Travel, and Licensing
Because many employers, landlords, volunteer programs, licensing bodies, or regulatory authorities rely on police background or information checks, a non-conviction history may still affect your opportunities, even if you have no criminal convictions under CPIC.
For people convicted of offences, a criminal record can limit employment, travel, immigration status, professional licensing, and more. Success in applying for a record suspension can restore access to certain opportunities, though foreign travel (especially to the United States) remains subject to each country’s visa or entry rules.
Because of these stakes, legal clarity and specialized counsel can make a big difference for individuals with past charges or convictions.
When to Speak With a Criminal Defence Lawyer in Edmonton
If you are concerned about what shows on your record, what might appear in a police check, or if you need help applying for a record suspension, a criminal defence lawyer in Edmonton can assist you. Skilled counsel can:
- Review your court and police history to determine what is on CPIC or local records
- Advise whether charges that were stayed, withdrawn, or resulted in discharge still appear in background checks
- Help you apply a record suspension if eligible under CRA
- Where applicable, request destruction or sealing of local police records and advise on disclosure obligations
Legal guidance ensures you fully understand your rights and the potential consequences of past charges or convictions.
About Us
Slaferek Law provides experienced criminal defence support in Edmonton, focusing on clarity, integrity, and protection of your rights. Whether you face a current charge or need assistance clearing your history, we offer support grounded in Alberta law and real-world experience. Contact Us to schedule a confidential consultation and learn more about your options.
