When you’re convicted of a criminal offence, a criminal record is registered and maintained against you for life. That means your photograph and fingerprints are kept on record with police agencies across Canada and the rest of North America.
While few people knowingly get involved in a crime, sometimes people are wrongfully or mistakenly accused of criminal activity. No matter what the circumstances are, if you’re proven guilty of a criminal offence in Canada, the consequences are serious and often lifelong.
What Is a Criminal Record?
This is formal documentation of an offence for which you’ve been convicted, either because you’ve either found or pleaded guilty. This record is administered throughout Canada by the RCMP and is available through the Canadian Police Information Centre (CPIC) to all police services and authorized law enforcement agencies.
Your criminal record will have details regarding your identity, occupation, accusations against you, convictions, fingerprints and DNA, among other things. This information is recorded once you’re found guilty under the Criminal Code of Canada.
A criminal record can have lifelong adverse effects which is why it’s crucial to talk to a criminal defence lawyer to avoid any damage to your reputation.
The Negative Consequences of a Criminal Record
If you’re concerned about the information on your criminal record, you may ask local police officials to provide a detailed record.
It’s important to thoroughly understand your criminal record, including the elements of your criminal offence, legal rights, and its consequences before taking any legal step.
It’s also important to remember that an accused often pleads guilty impulsively to certain allegations, including sexual assaults, fraud, theft, cyberbullying, and DUI (driving under the influence).
Talk to your criminal defence lawyer to avoid any negative consequences of such allegations.
Employment Consequences
It’s difficult to state the exact consequences of your criminal record on your employment as these will vary from case to case.
There are a range of factors involved, such as whether you were convicted, the nature and seriousness of your crime, your field of work and the provisions of your employment contract.
Having a criminal record can affect your ability to find and maintain employment. How it will affect your job prospects will depend on the nature of the conviction, your sentence, and the type of employment.
Travel Consequences
If you have a criminal record, you may be restricted from travelling.
This depends on a few factors, like the law of the country you’re travelling to, the nature of your offences, and how much time has passed since you were convicted.
Laws vary between countries (and even states), so it’s best to contact the embassy or consulate of the country you’re travelling to ask if you might be denied entry.
American law denies entry to those who have been convicted of a crime of ‘moral turpitude. There’s no specific list of crimes that constitute ‘moral turpitude’, but common examples include theft, fraud, murder, and aggravated physical assault. Crimes like simple assault, disorderly conduct, and DUI (driving under the influence) are not thus categorized.
However, each case is different and your entry permit depends on the seriousness of your crime. For instance, if you have several DUI convictions, you may be prevented from entering the U.S.
If you’re sure you won’t be allowed into the U.S. due to your criminal record, consider contacting the U.S. Customs and Border Protection (CBP) or submit a U.S. Entry Waiver.
Immigration Consequences
These depend of your current residency status in Canada, including refugee, permanent resident, or study/work permit holder, and the nature of your crime. Consequences usually range from deceleration or rejection of your citizenship application to deportation.
If you’re found guilty of a serious criminal offence like murder or aggravated assault, your permanent resident status can be annulled and you can be deported. For a less serious criminal conviction like a DUI or simple assault, your citizenship application may be put on hold or even rejected. If you were charged with an offence but not convicted, it will still be mentioned on your criminal record and can adversely affect your Canadian citizenship application.
Remember that a criminal record never automatically disappears, not even for minor offences or after several years of your conviction. You may apply for a pardon or suspended record if you want your record to be maintained separately from other records (by the RCMP), so the details aren’t readily accessible. Your criminal defence lawyer can help you with the application process and other related details.