In order to apply for a pardon you will have to fill out information about your history and in some cases obtain certified records of your convictions. There are different types of criminal background checks you should be aware of and ensure you apply for the right ones you need. This will save you from wasting time, money or effort trying to obtain others that are not required.
RCMP-Based Records
Name-based criminal check use your name and date of birth and are checked against the Canadian Police Information system database – known as the CIPC. The database includes searches of other national and local databases. If you receive a pardon (record suspension) your name will be removed from this database and added to another one. Your record doesn’t actually away with a pardon, it goes to the other database where there are legal requirements to gain access. You need to be careful if you have a common name because convictions may be added to your record due to the similarity or name changes – so review your documents.
Certified criminal record checks. In some cases getting certified criminal reference checks could also pose to be difficult, so you may be asked for electronic fingerprinting. A fingerprint search of the National Repository of Criminal Records is conducted by RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS). The use of fingerprints for criminal record checks is based on informed consent and includes sharing the results of that information to a third party named by you on the application form. The fingerprints submitted to CCRTIS for criminal record checks are only used to confirm your identity. At no time are fingerprints added to a database where they could be subject to search.
Police Checks (police certificate, background check, record check, reference check)
The Criminal Record Check is intended for applicants who are involved as a volunteer, employee or in any situation where a basic check is requested (i.e., retail or immigration). (This check is NOT intended for applicants who are seeking volunteer and/or employment with vulnerable persons.) The processing time for Criminal Record Checks is dependent upon volume of requests. If you require fingerprints for convictions, the record check will be processed after the fingerprints are returned from the RCMP. Fingerprinting is by appointment only. A volunteer letter is required from the agency if fingerprints are required.
This check DOES NOT include:
(a) Outstanding entries, such as charges and warrants,
(b) Absolute and conditional discharges,
(c) Current judicial orders, including Peace Bonds, Probation and Prohibition orders under the Criminal Code of Canada,
(d) Convictions where a record suspension has been granted,
(e) Convictions under provincial statutes,
(f) Local police contact,
(g) Ministry of Transportation information (PARIS),
(h) Special Interest Police (SIP) category of CPIC,
(i) Family Court Restraining Orders,
(j) Foreign information,
(k) A Vulnerable Sector (VS) Query of sex offenders who have had their records suspended to ascertain if the applicant has been convicted of and granted a record suspension for any of the sexual offences that are listed in the schedule to the Criminal Records Act (CRA),
(l) Any reference to incidents involving mental health contact,
(m) Diversions,
(n) Youth Criminal Justice Act (YCJA) information beyond applicable disclosure period,
(o) Any reference to contagious diseases, and
(p) Dispositions including, but not limited to; Withdrawn, Dismissed, and cases of Not Criminally Responsible by Reason of Mental Disorder.
Vulnerable sector check
Usually you’re asked for these if you volunteer or work with children or people with disabilities.These are typically a police check and a check to see if someone has a record suspension (pardon) for sexual offences. If you have a sexual offence on your record, contact us because it’s very hard to get a pardon. There is a Screening Handbook created by the Government for people who are hiring for roles. The police service will use information submitted by the applicant to determine if the position meets the legal requirements to conduct a vulnerable sector check. If the position does not meet the requirements of the Criminal Records Act for a vulnerable sector check, it is illegal for the police service to conduct one.
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