Do You Really Want to Take the Chance?

The consequences of a DUI conviction are severe. A drunk driving charge may lead to:

• A criminal record, which may impede future employment, travel abroad, and community status
• A revoked license, which could make commuting to work difficult
• A long-term hike on your car insurance premiums, which will make owning and operating a vehicle less affordable
• A number of heavy fines, which can have a significant impact on your financial well being
• Collision costs – although your insurance company normally covers costs of an accident, it will not pay for drinking-related damages on any car involved in a crash.

So why do so many people still drive under the influence? Many individuals still feel that a couple of drinks will not make them unable to drive safely. In reality, after just a couple of drinks, you may not feel intoxicated; you might even feel that you are completely capable of driving. But legally, if your blood alcohol level is elevated, you are breaking the law.

A person convicted of driving while impaired in British Columbia, in Manitoba, in Ontario – anywhere across Canada – will end up with a criminal record since a DUI is a criminal offence. The bottom line is that if you are driving under the influence of anything, you are breaking the law. You can be charged with a DUI even if your vehicle isn’t moving.

According to the Canadian Safety Foundation, an estimated 1.5 million Canadian drivers travel while impaired each year. DUI cases accounted for 12 percent of all cases heard across the country last year, making it the most common criminal offence. Although almost 30 percent of drunk driving cases that go to court don’t lead to convictions in Canada, why take the chance? With the consequences being so high, driving while impaired is NOT worth the risk.

The only way to be certain that you are not putting yourself and others in harm’s way is if you drink anything, don’t get behind the wheel.

If you have a DUI conviction, you will want to consider getting a Pardon, which will seal your record so that it is no longer visible. A criminal record can follow you for life, so a Pardon will provide relief from the stigma once and for all. Contact a Client Specialist at Pardon Services Canada who will answer all your questions and guide you through the pardon process.

The Canadian Police Information Center – What’s In There and What You Should Know

The Canadian Police Information Center is the only law enforcement networking computer system in Canada. This system which has been operational since 1972 ensures that officers across Canada have access to the same information. The system is maintained by the Royal Canadian Mounted Police. Each year there are approximately 3 million files generated – it is the responsibility of the originating agency, not the CPIC, to ensure the data integrity of each file. For comparison, in 2006 the latest year for which there are statistics, there were 2.45 Million crimes reported. That leaves 550 thousand files unaccounted for.

                

Why is this database relevant for Canadians? The increase in criminal background checks by employers and volunteer organization is sourced directly from this database. The RCMP, at the request of an employer releases any information about a person directly to the employer. Importantly, the database is not purely for criminal reports. As seen above, there are a huge number of cases logged into the database above and beyond the number of criminal reports.

                

What does this mean for Canadians? This means, that despite feeling confident about not having a police file, the possibility remains that the file does exists. Encounters with the police that are not of a criminal nature are also logged.  Persons who are deemed to be of ‘special interest’ to the police, for example, are logged. These persons may have committed no crimes, having purely been a witness of compliant.

                

What options do Canadians have? Every Canadian should check to see whether they have a criminal record. This can be done quickly and cheaply through accredited service providers. If the criminal record search reveals the existence of a file there are several options. A Canadian Pardon which will have the record hidden from all future searches. Alternatively, if a file exists but no criminal conviction, a Police File Purge is a logical option. This will petition the RCMP to remove the file from the database permanently.

                

Having a clear police file is imperative for Canadians. Having an existing file hampering future opportunities is an unnecessary risk. Look into your file; ensure that there is nothing holding you back from your potential.

               

For Information on Travelling with a Criminal Record try this blog

•          Canada Criminal Record

Canada Needs Consistency – The Issues with Criminal Background Checks

The increasing use of police background checks, also known as criminal record checks or criminal reference checks, to screen applicants for suitability for employment, volunteer efforts, promotion, education, and other opportunities has been raising privacy and human rights eyebrows across Canada and is now starting to reach news media and courts.

Definitely, police background checks do constitute an important safeguard for public safety and security. The goal is to protect vulnerable people from harm or employers from theft. In fact, a company, agency, or school that fails to do so runs the risk of being negligent.

However, the focus must be on “relevancy”. There is a danger of providing too much, or misleading information. In particular, providing information that is unnecessary for determining suitability or that is incorrect may violate the privacy of an applicant and lead to unfair rejection. Significant harm can arise when irrelevant, inaccurate, or incomplete information is provided from a police background report.

Police databases may contain information about any contact with the police, whether a person is a complainant, victim, potential witness, suspect, “person of interest,” or one charged with a crime – even if charges were subsequently dropped or an acquittal followed.

The manner in which police background checks are conducted creates a risk of violation of applicants’ privacy and human rights. Section 32 of the Municipal Freedom of Information and Protection of Privacy Act permits police to disclose personal information only if the person concerned has identified that information in particular and consented to its disclosure.

Police departments recognize the problem inherent in the manner in which background checks are carried out. The Ontario Association of Chiefs of Police produced guidelines in 1999 for Ontario police departments, although they have never been released to the public and have not resulted in consistent practices among police forces. Other jurisdictions as well have introduced legislation to regulate what may be disclosed, how the accuracy and relevance of information can be verified, and what uses recipient organizations may make of the information.

However, it seems apparent that the various approaches taken by jurisdictions dealing with police background checks need more consistency. As well, current privacy and human rights laws alone are not sufficient to ensure a proper balance between public safety and personal privacy.

Background checks can be done quickly and cost-effectively. It is in the best interest of all Canadians looking for employment, volunteer opportunities to get a background check before their employer. Therefore, the person can look into other options available to them, such as a pardon or record deletion.

For additional information on pardons, criminal legislation in Canada, employment and travel, check out these resources.

·         Pardon Services Canada Blog

·         Career Blog

·         Canada Criminal Record

Dusting for Prints – Increased Fingerprinting and Criminal Record Checks Delays Hiring

The prospect of having one’s fingerprints taken as part of the job application process can seem intimidating, to say the least. Not only could a person be taken aback to learn that all information provided on a resume and during an interview would not be sufficient to make a hiring decision, but he could also be somewhat unsettled to learn that a criminal record check, and sometimes a credit check as well, must be undertaken.

The RCMP’s Canadian Police Information Centre (CPIC), a national database, contains a range of useful information maintained primarily for law enforcement. Increasingly, though, it is also an important source of information for employers screening new hires and prospective promotions because it is the only national database of criminal records.

Alternatively, through a “local indices check,” a check of police files and occurrence reports within a region, a broad range of information can be provided. However, the RCMP has issued an interim policy directing what local police forces can say in response to basic searches based on a name and date of birth search alone. If an individual is found to have a record based on such a search, the response is to be:

Based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP could not be completed. In order to complete the request, the applicant is required to have fingerprints submitted to the National Criminal Records repository by an authorized police service or accredited private fingerprinting company. Positive identification that a criminal record may or may not exist at the National Criminal Records repository can only be confirmed by fingerprint comparison. Not all offences are reported to the National Criminal Records repository. A local indices check may or may not reveal criminal record convictions that have not been reported to the National Criminal Records repository.

This qualified statement is deemed necessary to ensure accurate identification. But there is no expeditious process to verify a criminal record. The RCMP’s current verification process can take more than 120 days to complete. The process requires the individual to go to a police station or other certified fingerprinting service. Furthermore, the results of this drawn out process are delivered to the employer – not the prospective employee – not allowing for a chance to explain or justify any erroneous circumstances.

This time factor has significant impact on employers to be sure. The potential delays in making hiring decisions will prove problematic: Will employers risk waiting to hire verified candidates, only to possibly lose them to other employers? Will they bear the risk of hiring non-verified applicants on an interim basis?

Employer reliance on local indices checks is concerning, to be sure. They take time, as we know, but they also leave questions about coverage and human rights compliance – the process needs to be fair and justifiable, both ethically and legally.

Avoid the issue before it becomes detrimental. Get a criminal record check and if there is a need and the situation allows apply for a Canadian Pardon – it is a right of every Canadian. With a pardon no employer will be able to see previous convictions on the search mentioned above.