Criminal Records – What you need to know

Criminal Records are databases kept by law enforcement agencies to keep track of the criminal history of individuals within their system. Once convicted of a crime (and in some instances charged) the record is entered into the system and shared among agencies, some of which can be made available to the public.

Uses of a Criminal Record

Criminal records are often accessed to determine a person’s trustworthiness when they are applying for something that requires a level of responsibility. Certain laws may even prevent individuals from acceptance if it is found that they have a criminal past. Examples of this includes: passport/visa/citizenship applications, adoption applications, and more.

Most often, however, it is employers and lenders that check for criminal records to determine if the person is a trustworthy candidate of the position/loan/etc. In these circumstances, most applications will be ask whether or not they have been convicted of a crime. While it is not illegal to lie on MOST applications, these records are part of the public domain and can be accessed quite easily; so it is best to know what your criminal record might be and be honest.

The other major use of a person’s criminal record is for law enforcement agencies. They often use it to determine the likeliness of whether or not a person of interest could have committed a crime and should become a serious suspect. It cannot, however, be used as evidence of guilt of another (even if similar) crime in most courtroom situations. Rarely, criminal records are brought into trials as evidence to put the credibility (or lack of) of a witness into question. (example: a witness who was convicted of perjury)

Law enforcement agencies also have records which includes arrests and charges (not just convictions). These records are generally more complete than those an employer has access to as “sealed” or “expunged” records are also not made available to the general public.

USA

Most states have their own laws regarding what goes on and can be shown to the public in your criminal record. In general, minors convicted of crimes have their records expunged when they turn 17 or 18.

Criminal record databases are collected on the local, state, and federal level. While there is a central federal database of criminal records (NCIC), this database is not available to the general public. Instead, reporting agencies must compile the information across all 50 states in order to have complete information on a person’s potential criminal past (within the US)

Depending on the state’s laws and the crime committed, some convictions can be expunged or sealed. Essentially, this means that the record will no longer be available to the public during criminal background checks. While this also means that the person may not need to divulge the conviction to most potential employers/applications/etc. certain responsibilities (such as government security access, etc) may require that the sealed conviction(s) be revealed.

The only way to get a federal conviction removed from a record is by Presidential pardon.

Canada

In Canada, criminal records are not public and the database is kept by the Royal Canadian Mounted Police. A criminal background check may only be done with the consent of the individual.

There are essentially 5 levels of criminal record checks in Canada: Levels 1-4 and a vulnerable sector check. Level 1 (the lowest level) is a simple check of all convictions excluding those that have been pardoned. Level 4 is the same as a level 1, but also includes checks of all outstanding charges, records, discharges, and a complete local police record check. Vulnerable sector checks are for those that include responsibilities that involve minors or dependents with disabilities that put them at extra risk. This type of check is essentially a Level 4 check plus any sexual offences and convictions which pardon was granted.

Pardons of criminal offenses may be made in Canada by one of three offices: Governor General of Canada, National Parole Board or through an order-in-council by the federal government, as required by the crime involved under the Criminal Records Act. A pardon removes the record for record checks 1-4 and (unless a sexual offense) vulnerable sector checks.

While having a criminal record may cause you to lose certain rights and may prevent you from landing a Job, it’s important to understand your rights under the law. If you live within the US, make sure you understand your state’s laws and what it means for you. If you live in Canada, you may be able to have one (or all) of your past crimes erased completely.