What a Criminal Record Is in Canada, and What Shows Up
A criminal record is not a single document, and 'having a record' is not a single question. What appears depends on which check is run, and Ontario law sets three different kinds.
A criminal record in Canada is a record of convictions held in the RCMP's national repository and searchable through CPIC. What an employer or organisation actually sees depends on which of the three police record checks permitted by Ontario's Police Record Checks Reform Act, 2015 is requested.
What Are the Three Types of Police Record Check in Ontario?
Ontario's Police Record Checks Reform Act, 2015 permits three types of check and sets out, in a schedule, exactly what each may disclose.
| Check | Typically requested for | Broadly discloses |
|---|---|---|
| Criminal record check | General employment, volunteering, some licensing | Convictions for which no pardon or record suspension has been issued |
| Criminal record and judicial matters check | Positions of greater responsibility | The above, plus absolute and conditional discharges within the applicable periods, outstanding charges and warrants, and certain court orders |
| Vulnerable sector check | Work or volunteering with children or vulnerable adults | The above, plus certain pardoned convictions and, exceptionally, non-conviction information under section 10 |
One rule applies across all three and is frequently misunderstood: a conviction for an offence that may be prosecuted only by way of summary conviction is not disclosed where the request is made more than five years after the date of conviction.
That is why the Crown's election can matter years later, long after the sentence is served.
Does a Discharge Give You a Criminal Record?
A discharge is a finding of guilt without a conviction, so it does not create a conviction record. But it is not invisible either.
Records of discharges are removed from the RCMP database automatically — one year after an absolute discharge, and three years after a conditional discharge. Until then, a criminal record and judicial matters check or a vulnerable sector check can disclose them.
Where a discharge still appears after those periods, the source is usually a local police service's own records rather than the national repository, and it is addressed differently.
What About Charges That Did Not Lead to a Conviction?
Withdrawn charges, stayed charges and acquittals are not convictions and do not form part of a criminal record. That does not always mean they leave no trace.
Local police services retain their own records of contact. A criminal record and judicial matters check can disclose outstanding charges and warrants, and a vulnerable sector check can, in defined and exceptional circumstances under section 10 of the Act, disclose non-conviction information.
Findings of not criminally responsible on account of mental disorder are treated separately again and can appear on the broader checks.
If a check has disclosed something you did not expect, the first question is which type of check was run and which database the entry came from. Those two answers determine what, if anything, can be done.
How Do You Clear a Record?
For a conviction, the route is a record suspension from the Parole Board of Canada under the Criminal Records Act — five years after the completion of the sentence for a summary conviction offence, ten years for an indictable one.
For a discharge, no application is needed; removal is automatic after one or three years.
For a local police record of a non-conviction, the route is generally a request to the police service that holds it, not to the Parole Board.
Our page on record suspensions and pardons sets out the eligibility rules and what a record suspension does and does not change, including at the United States border.
Frequently asked questions
Browse every answer on this siteA withdrawn charge is not a conviction and does not form part of a criminal record. Local police records may still hold it, and the broader checks can disclose outstanding charges or, exceptionally, non-conviction information.
Under the schedule to the Police Record Checks Reform Act, a conviction for an offence prosecutable only by summary conviction is not disclosed where the request is made more than five years after the conviction date.
A discharge is a finding of guilt without a conviction. The record is removed from the RCMP database automatically three years after a conditional discharge, and one year after an absolute discharge.
A criminal record check discloses unpardoned convictions. A criminal record and judicial matters check adds discharges within the applicable periods, outstanding charges and certain court orders. A vulnerable sector check adds more again.
A conviction requires a record suspension from the Parole Board of Canada under the Criminal Records Act. A discharge is removed automatically. A local police non-conviction record is addressed with the police service holding it.
Facing This Charge Yourself?
This page explains the law. If the question is what happens in your own case, these are the places to go next.
Other Parts of the Law Explained
This page is general information about Canadian law, not legal advice, and reading it does not create a lawyer-client relationship. Statutes are amended; provisions are described as at the consolidation reviewed when this page was written.
Book a confidential consultation today
If you are facing charges or need legal advice, get in touch. We will discuss your options in complete confidence.