3. Learn about the different kinds of records
Question & Answer
Should I plead guilty?If you're sentenced to anything but an absolute or conditional discharge, you will have a permanent criminal record.
If you're sentenced to an absolute or conditional discharge, you will have a temporary record. The temporary record of your discharge will be automatically removed after a specific period of time that depends on the type of discharge you get.
Criminal Record
A criminal record is a permanent record of the crimes you're of and the you received.
There are different types of sentences that result in a permanent criminal record, including:
- suspended sentences
- conditional sentences
- fines
- jail
To remove the conviction from your criminal record, you must apply for a . A record suspension used to be called a .
Temporary Record of Discharge
A judge might order that you get discharged if it's your first crime and it's a minor crime.
If you're , you will not have a criminal record. But there will be a temporary record of your discharge.
Your record of discharge is automatically removed after 1 or 3 years, depending on the type of discharge. You don't have to ask to have the record removed.
A discharge can be absolute or conditional.
If you get an :
- you will not be on
- your record of discharge will be kept on file for 1 year
If you get a :
- you will be on probation for up to 3 years
- your record of discharge will be kept on file for 3 years
Impact of having a record
A criminal record or a discharge that is still on file can impact your life in many ways. For example:
- You may not be able to get jobs working with vulnerable people, such as children or the elderly.
- You may not be able to get jobs that require security clearance.
- You may not be able to travel or have problems when you do.
- The police may treat you differently if they know you have a criminal record.
- Your immigration status can be affected by criminal record convictions for certain offences. You might not be allowed to stay in Canada (deported), not allowed to enter Canada, and/or not be given Canadian citizenship.
- Some countries may not recognize conditional discharges as non-convictions. You may be treated as though you have a conviction when traveling to these countries.
