Understanding criminal records and their implications
Last update : March 2, 2022
For the average person, it can be complicated to understand what a criminal record is and especially to realize its implications in our daily lives. In this article, I'll try to simplify the terms used, and I'll add a very nice document by Éducaloi for further clarification.
What is a criminal record :
A criminal record is a computerized file managed by the Royal Canadian Mounted Police (RCMP) that lists a person's criminal history. The criminal record contains: a list of charges and sentences received, and information on a person's identity such as fingerprints or DNA.
Who has a criminal record:
The RCMP keeps information from the moment a person is charged with a criminal offence, regardless of where they are in Canada. A guilty plea or conviction for an offence leads to a sentence, and this is known as a criminal record.
What is conditional and unconditional absolution :
Judges will often attach conditions to the sentence. These conditions may be conditional or unconditional. It's still a criminal record, but it will disappear over time. *However, disappearance is not automatic.
- For a sentence of unconditional absolution, the period is one year.
- For a conditional discharge sentence, the period is three years.
What are the consequences of a criminal record?
A criminal record has direct consequences for everyday life. Some are obvious, such as the difficulty of traveling or getting a job, while others are more subtle, such as finding accommodation or immigrating abroad. Having a criminal record is not an end in itself, but it does complicate matters. For those who qualify, applying for a pardon (suspending an offence from the criminal record) remains a common practice and a solution for many people.
Reference : Éducaloi. (2018) « Le casier judiciaire », Savoir c’est pouvoir, disponible sur : URL https://educaloi.qc.ca/wp-content/uploads/guide_casier_judiciaire.pdf
