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Can Criminal Charges Be Dropped From A Background Check?

Can Criminal Charges Be Dropped From A Background Check?There are many instances in which a person is charged of a crime, but not convicted. Criminal charges and convictions keep many doors closed to individuals who have a blemish on their record, creating complications and stress in situations where a background check may be required. If criminal charges were later dismissed, withdrawn, stayed, peace bond, receives a conditional or absolute discharge, fingerprints will remain in the Canadian Police Information Centre (CPIC) database until a file destruction is completed.  A file destruction will remove the fingerprints, photos, court and police records, ensuring that criminal charges can be dropped from your pubic record. While the RCMP recommends that non-conviction records be routinely deleted or segregated in police databases, a local police department withholds the right to retain that sensitive information. So despite the fact that a person was not convicted of a crime, a background check could still produce a charge if the local police department decides to keep that information in their database, which could prove problematic when applying for a new job or travelling across international borders. Citizens can contact their local police database and ask that the information be removed, however, the police department may choose to deny that request for specific reasons. Non-profit national organizations like Pardons Canada work with individuals who have been charged or convicted of a crime, helping them to move on from their past and clean up their public record.

 

 

What Is A File Destruction?

 

Many people believe that because they were not convicted of a crime, that there is no blemish on their police record. However, that is not necessarily the case. Criminal records are retained until the subject of the record reaches one hundred and twenty-five (125) years of age. It is the responsibility of the person charged to make an application to the police and RCMP and ask them to remove fingerprints, photographs, court and police information from their database. 

Absolute discharges received on or after July 24, 1992 are removed from the criminal record after a period of one (1) year from the date of sentence, while conditional received on or after the same date are removed from the criminal record three (3) years following the date of sentence. Absolute or criminal discharges registered before July 24, 1992 can only be removed upon written request from the individual.

Local police services have their own policies on how they handle non-conviction records. If the requestor meets the requirements of the local police department, then the application process can begin for removing the charge that was stayed, dismissed, withdrawn, peace bond or absolute or conditional discharge.

 

Does A File Destruction Guarantee Me Entry Into The USA?

 

A file destruction cannot guarantee anyone entry into the United States of America. Entry decisions are made solely at the discretion of the U.S. authorities. To obtain information on travel waivers and cross-border travel, visit the Department of Homeland Security’s website.

For people looking to put their past behind them, criminal charges can still be dropped from your public record. Pardons Canada is a national non-profit organization that assists individuals in removing past criminal offences from their public record, gathering and processing all of the necessary documents to help take the stress out of applying for a file destruction and ensuring that the application gets approved by the authorities.  In the case of a denial of request for destruction, Pardons Canada will also appeal the decision.

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