Toronto Police Criminal Record Check
Introduction
If you’ve been charged with a crime, or convicted of a crime, you may be wondering about how Toronto Police Criminal Record Checks work and what they reveal about your criminal history, or ongoing criminal charges.
In this article, these key questions will be answered, citing the relevant law.
Criminal Charges versus Other Offences
This article focuses on criminal offences, and how a Toronto Police Criminal Record Check works in relation to them, as opposed to other types of offences, such as traffic tickets or other provincial offences.
Examples of criminal offences include:
- Assault
- Theft
- Robbery
- DUI
- Utter Threats
- Mischief
What Law Governs Toronto Police Reference Checks
In 2015, provincial legislation took effect in Ontario which regulates police criminal background checks in the province. The legislation is called the Police Record Checks Reform Act, 2015, S.O. 2015, c.30. To review it yourself, you can click HERE.
The law was passed as a result of the misuse of “non-conviction” records in Ontario.
What are Non-Conviction Records
A “non-conviction” record includes evidence pertaining to someone’s case that resulted in any one of the following dispositions:
- A withdrawn charge
- A dismissed charge
- A stay of proceedings
- An acquittal (or finding of not guilty)
People often lost jobs, were denied volunteer opportunities and had difficulty travelling due to the police revealing details about these non-conviction outcomes on police background checks in the province. This caused undue hardship to people.
That hardship was unjustified, given the presumption of innocence. Lawmakers took notice of this and passed the Police Record Checks Reform Act, which is a piece of legislation that significantly reduces the risk of non conviction records being misused.
What Types of Police Criminal Background Checks Exist
There are three types of Toronto Police Criminal Background Checks according to this law:
- Criminal Record Check;
- Criminal Record and Judicial Matters Check; and
- Vulnerable Sector Check
Depending on who is asking you to complete a police check in Toronto will determine which one of these checks you will be asked to undergo. The three checks may reveal different levels of detail relating to your criminal history, or ongoing criminal charges.
Common Questions Regarding Background Checks in Toronto
Some of the following are common questions that are posed to Toronto Criminal Lawyers regarding police background checks, along with the answers to each:
- Will my outstanding criminal charges appear on a police background check? Not on a criminal record check, but they will appear on a criminal record and judicial matters check, along with a vulnerable sector check
- Will a conditional discharge appear on my police record check? Not on a criminal record check, but they will appear on a criminal record and judicial matters check, along with a vulnerable sector check, subject to specific timelines. Absolute discharges will no longer appear following 1 year from the date you were discharged, and Conditional discharges will no longer appear following 3 years from the date you were discharged.
- Will a conviction appear if I’ve been pardoned? No, unless the police establish that disclosure is authorized under the Criminal Records Act.
- Will my withdrawn charges appear on a police record check? No, unless the police determine your case falls into “exception disclosure” status, which requires them to review a number of factors outlined in s. 10 of the Act. A key consideration Is whether the victim or complainant was a vulnerable person or child.
Andrew Captan – Criminal Lawyer Toronto
If you have outstanding criminal charges before the criminal court in Ontario and are looking for expert guidance, contact Andrew Captan – author of this article – for a free consultation at (647) 878 – 6355 or visit his website HERE for more information.
