The Canadian Police Information Centre (CPIC), an office of the RCMP, maintains criminal records in a database accessible for criminal record checks. However, a pardoned criminal record is removed from that database and will not show up on background checks. Except for the few offences that carry a life or indeterminate sentence, all Canadian criminal offences can be pardoned. But, if a person has committed a sex-based offence, the conviction will remain flagged in the database in case a “vulnerable sector” background check is done.
Vulnerable sector checks are performed only when a background check is requested for the purpose of working with vulnerable persons, who are defined as being in a position of dependence on others (1) due to age, disability, or other circumstances, whether temporary or permanent, or (2) are otherwise at a greater risk than the general population of being harmed by a person in a position of authority or trust relative to them. Therefore, a vulnerable sector check will be performed for potential employees or volunteers who wish to work with children, ill or disabled people, or senior citizens.
Employers are generally thought to have well-reasoned criminal record check policies tailored to the jobs for which they are hiring; they typically do not implement blanket prohibitions against hiring applicants with a criminal record. Protecting the safety of their employees, customers, and service providers is a legal obligation, which is met by background checks ensuring that people with unsuitable histories are not employed in vulnerable positions.
Understandably, individuals with arrest and conviction records face almost insurmountable barriers in getting hired. Certainly one might worry about arrest records being used improperly, such as long-ago arrests that never led to conviction, or inaccurate information being considered in the evaluation or a person’s eligibility. People’s attempts to maintain gainful employment have been thwarted by arbitrary restrictions. One such individual was let go after two years of solid service because the company obtained a contract that barred employment of anyone with a conviction record.
It should be emphasized that, for background checks requested for purposes other than working with vulnerable people, the RCMP cannot disclose a pardoned criminal record, even for a sexual conviction. Once a crime is pardoned, it is removed from the CPIC’s database. While a record of the conviction still exists, it is kept separate and apart from the database used for criminal record checks.
Thus, an individual who sincerely wishes to make a new start, who regrets any previous mistakes that resulted in a conviction, can do so by removing that criminal record by obtaining a pardon.
Pardon Me, Canada, your source for information on criminal records and pardons in Canada. Stay up to date and informed on legislative changes and more with the Pardon Me, Canada Blog.
Showing posts with label criminal database. Show all posts
Showing posts with label criminal database. Show all posts
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
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