If you happen to be charged with a crime and get fingerprinted in Canada or you have attended any criminal court in the country, you will certainly have a criminal record. A criminal record can seriously affect your career and social life. Remember that a number will be assigned to your fingerprint, name and date of birth even before you go to the court. While criminal records do not get removed automatically, eligible candidates without serious offenses can hope to remove criminal offenses Canada in the following way.
How is a criminal record removed?
The way how a criminal record will be removed will depend on many factors like what is the outcome of the charges, number of charges you have on you and the charging police service’s policies. However, generally speaking, it is done in anyone of the following three ways.
For a non-guilty verdict, the person’s fingerprints and photographs must be destroyed and outcome record must be sealed or destroyed.
The offense that was discharged needs either a destruction or purge.
Convictions will need record suspension also popularly known as pardon.
If the outcome is non-guilty, the criminal record file is kept under the legal jurisdiction of the police that charged the candidate. If you can make the police service agree, your fingerprints and photographs will be destroyed and the outcome records will be sealed once for all. To this end, the police service will usually need that the RCMP returns the copy of the criminal record file.
Convictions and Discharges
A conviction will mean being found guilty of a criminal offense. This will need a record suspension also called as pardon. A Canadian pardon is valid indefinitely unless you are found to commit the crime once again. After securing a pardon, you will not have to apply for a record suspension any more.
A discharge will mean the person is found guilty, but no conviction is made. The two kinds of discharges are absolute and conditional. The absolute discharge means there is no sentence or condition to satisfy. A conditional discharge might carry a probation or a fine.
Removal of criminal records significantly differ between convictions and discharges. While a conviction will need a record suspension, a discharge will necessitate an RCMP purge for requesting the local police to seal or destroy the police file. For absolute discharges, the waiting period is one-year and for a conditional discharge it is three years beginning from the final court date.