Every time an individual has been convicted of an offense under the criminal pardon in Canada or other unlawful law, a Canadian criminal record will be issued.
This document will stay even after the individual has completed serving their sentence; it may be obtained from the authorities and judges when necessary and when a pardon hasn’t yet been granted, the offender will frequently be asked by third parties to disclose it.
Who’s a Canadian criminal record?
Generally, everyone who’s found guilty of a criminal offense receives a permanent Canadian criminal record, which can be retained from the Canadian Police Information Centre (CPIC). An exception is when an individual has been given a discharge.
Under Section 736 of the Criminal Code, a discharge can be allowed in a judge’s discretion for an offense that’s punishable by less than 14 years imprisonment unless the law specifies that a minimal penalty. A complete discharge has the consequence that someone found guilty of an offense is deemed to not have been convicted of this offense and receives no hint.
A year following the release is allowed, it’ll be removed in the criminal record database, even though police and court files will keep details concerning the case of possible future reference. Every time a conditional discharge is granted, the guilty party is not sentenced or convicted, but will probably be on probation for up to three decades.
Throughout this time, a document will stay at the CPIC and whether the individual commits another offense or breaks the terms of the probation, the discharge could be canceled and they are sometimes sentenced and awarded that a Canadian criminal record for the prior offense.