A criminal record is an entry in a register administered by the Royal Canadian Mounted Police (RCMP). The record has information about your identity, charges against you, convictions, fingerprints, DNA, etc. This information is entered when you have been found guilty of committing 1 or more criminal offences under laws such as the Criminal Code and the Controlled Drugs and Substances Act.

Offences under provincial "penal" laws do not result in a criminal record. For example, you will not have a criminal record if you break the Quebec Highway Safety Code.

To learn more about penal laws, read our Infosheet Introduction to Criminal and Penal Law.

No. A criminal record does not automatically disappear, not after several years and not for a minor offence.

Except in a few cases, you must apply for a pardon if you want your record to be kept separately from other criminal records held by the RCMP so that the information is not accessible.

However, after a certain time period, the criminal record of a person under 18 years old when she committed an offence cannot be disclosed, unless that person committed a serious offence and was sentenced as an adult.

Being pardoned does not erase being found guilty of a criminal offence, or being “convicted”. This means you must answer “yes” if someone asks you “Have you ever been found guilty of a criminal offence or convicted?”, or any other similar question, and explain that you received a pardon.

No, since a criminal record in these cases is only temporary.

Discharges can be given for less serious offences or a first offence, when it is in the best interests of the guilty person and the discharge doesn’t harm society. If you are given a discharge, you are considered not to have been “convicted”.

In the case of an absolute discharge, the RCMP automatically removes the criminal record from its files after 1 year.

For conditional discharges, the RCMP automatically removes the criminal record from its files 3 years after the probation order. (A conditional discharge could include, for example, a condition that the discharged person not disturb the peace).

In both situations, after the time limits are up, a criminal record can only be disclosed in rare cases.

Even if the RCMP has removed your record from you files, it is still recommended that you file an “Application for no-disclosure of information contained in computerized records in criminal matters “, just to ensure that all traces of the record have been totally erased. The application must be filed with the clerk at the courthouse where your case took place.

For more information on discharges, see our Infosheet Sentences in Canada.

In general, someone who already has a criminal record and commits another offence will be sentenced more severely than someone who has never been convicted.

Also, a criminal record can cause problems for you if:

• you want to join a professional order or obtain a professional licence
  
• you want to work in certain fields
  
• you want to get insurance
  
• you want to travel

Some of these issues are dealt with in greater detail in the next sections of this Infosheet.

It’s possible.

If you have been pardoned, or found guilty of an offence that is not connected to the job, nobody can fire you, refuse to hire you or put you at a disadvantage because of your criminal record.

However, an employer can fire you or refuse to hire you if you do not have the qualifications and skills required for the job. In this case, it might be difficult to prove you were fired or refused solely because of your criminal record.

In addition, a criminal record can harm your chances of working in certain sectors, such as the police. You cannot work for the police if you were found guilty of a criminal offence.

Also, you might be refused a licence to practice certain professions governed by the Professional Code if you were found guilty of a criminal offence and have not gotten a pardon. These professions include nurses, acupuncturists, geologists, lawyers, doctors, dentists, pharmacists, engineers and architects.

Yes. A criminal record is not considered to be illegal discrimination when it comes to housing.

A tenant refused an apartment because of a criminal record therefore does not appear to have any legal remedy.

Yes, an insurer can refuse to insure you, cancel your insurance, or reject a claim if you have a criminal record or failed to disclose your record.

Your criminal record – or even your spouse’s criminal record! – can be taken into account when an insurer evaluates the risk of insuring you.

An insurer can refuse to cover you, demand a higher price, or offer reduced coverage if the insurer considers your criminal record to be an important factor. The insurer must, however, prove a link between your criminal record and what is covered by the insurance.

Each case is unique. For example, fraud, theft and possession of stolen goods might be relevant when evaluating risk under an insurance policy covering property and responsibility for harm caused to other people . An insurer in this case may be justified in refusing or cancelling the insurance. However, the criminal record would not be relevant if it contained very old criminal convictions with no connection to the insurance policy coverage.

You are legally required to quickly reveal to an insurer any information that could increase the risk of insuring you. Your obligation does not end once the insurance policy is issued! You must reveal risks during the whole period you are covered.

The assistance program of the Insurance Bureau of Canada can help you if you are refused insurance by several insurance companies: 1-877-288-4321.

With difficulty. American immigration laws are very strict regarding people with a criminal record.

You cannot enter the United States if:

• You have been found guilty of a moral turpitude offence, or an offence related to drugs, terrorism, prostitution, national security, etc. (To find out about offences of moral turpitude, see the next question.)
  
  
• You have been found guilty of more than 1 offence and the total of your sentences comes to 5 years or more of detention, whether or not they were moral turpitude offences.

Il all cases, even if you got an absolution, we recommend that you consult a lawyer if you are dealing with this issue. There are a lot of American laws on this question and they are complex.

Moral turpitude is not defined in any American law and there is no list of these types of offences. However, American courts have said that this notion refers to fundamentally “bad” behaviour.

Here are some examples of moral turpitude offences: robbery (with violence), attempted murder, murder, embezzlement, spousal violence offences, several sex-related offences, etc.

For example, simple assault (not related to spousal violence), impaired driving (no injury or death), and mischief are not moral turpitude offences.

No. A pardon granted in Canada is not recognized by American authorities and does not erase information in American government databanks.

A pardon does not erase the fact that a person was found guilty of a criminal offence in Canada, and therefore does not guarantee that entry to another country will be given, or that a visa will be granted.

Yes.

Among other things, if only 1 moral turpitude offence was committed more than 5 years before trying to enter the United States, and the person was less than 18 years old, the conviction cannot be a reason to refuse entry to the United States.

Also, a person may be able to enter the United States if the only conviction on record is for a relatively minor offence ("petty offence": punishable by a maximum of 1 year imprisonment) and the person was not sentenced to more than 6 months detention. However, this does not apply to drug-related offences.

In both cases, the American authorities cannot in theory refuse entry to the United States on the basis of a criminal record. Nonetheless, immigration officers have very broad discretion when deciding if a person can or cannot enter the United States. Entering a country is a privilege, not a right!

Yes, the law is even stricter. Immigration authorities have a “zero tolerance” attitude toward drug-related offences. People found guilty of a drug-related offence cannot enter the United States. When a United States attorney general or consular official has reason to believe a drug trafficker, or someone with links to the trafficking world, wants to cross the border, that person cannot enter the United States.

The person’s spouse and children are also prevented from entering if, during the preceding 5 years, they received financial support they knew came from drug trafficking.

We recommend that you consult a lawyer if you need information on this issue, because American law in this area is complicated.

Yes. A waiver means the American government will not consider the conviction as grounds to stop you from entering the United States.

A waiver lets you to counter in advance any grounds for preventing you from entering. It is particularly useful for people with a criminal record who want to enter the United States.

To get a waiver, you have to contact the American authorities and follow a process that can take several months. There is a fee. The agent responsible for granting the waiver has almost total freedom when deciding whether it will or will not be granted.

When considering your request, the officer will look at these factors, among others:

• the risk you represent if you enter the United States
  
• the seriousness of your criminal record
  
• the reason for which you want to enter (for example, a family visit, medical treatment, business, tourism)

The more serious the crime, the longer it takes to get a waiver, and if it is granted, it is only good for 1 entry. For less serious crimes, multiple entries into the United States can be granted for a period of up to 5 years.

Careful! A waiver is not a general pass or permission to enter the United States. It only allows a person to counter the impact of the grounds for refusal for which the waiver was given. The immigration officer at the border crossing can still refuse to let you enter based on other criteria or rules, or even based on discretion granted under American law.

We recommend you consult a lawyer if you want to get a waiver.

Yes. If you lie or try to mislead the border officer, you risk being declared inadmissible and automatically prohibited from entering the country. Depending on the circumstances, you could be questioned, detained to be removed from the country, or accused of various offences.

So if you are asked, for example, if you have ever been arrested by the police, or if you have a criminal record or any previous convictions, and this is true, you must answer “Yes”.

If it applies to your situation, explain to the border officer that you got an absolute discharge, a pardon, or another sentence. It is recommended that you have with you any original documents that can prove what you tell the border officer.