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Criminal Record Checks in Canada: The Three Tiers

By Recording Law Editorial Team8 min read
Criminal Record Checks in Canada: The Three Tiers

Frequently Asked Questions

What is the difference between a criminal record check and a vulnerable sector check in Canada?

A basic criminal record check is a name-based search of the CPIC database for convictions that have not been record-suspended. A vulnerable sector check goes further and is only available for positions involving children or vulnerable persons; it is the only check that can reveal a record-suspended sexual offence and, in some provinces, non-conviction police information such as certain court findings or local police records.

Can anyone request a vulnerable sector check on themselves or someone else?

No. A vulnerable sector check can only be requested through an organization whose position or volunteer role genuinely involves authority over, or trust with, children or vulnerable persons, and the requesting agency must confirm this to the police service or accredited provider processing the check. It is not a general-purpose background check available on demand.

Why do some criminal record checks require fingerprints?

A name-based check compares only a name and date of birth against CPIC. If that comparison turns up someone with a similar name, the record cannot be confirmed as belonging to the applicant without a unique identifier, so the police service or the RCMP requires fingerprints to positively confirm or eliminate identity. Fingerprint-based verification is processed by the RCMP and typically takes longer than a straightforward name check that returns no match.

Does a discharge show up on a criminal record check in Canada?

It depends on timing. An absolute discharge is automatically removed from the CPIC database one year after it was granted, and a conditional discharge is removed three years after it was granted, a rule that has applied automatically since 2000. Within those windows, a discharge can still appear on a check; afterward it is purged from the national repository and should not show up on a standard search.

Does a record suspension mean a conviction is gone from every background check?

A record suspension removes a conviction from the CPIC database used for standard and judicial matters checks, so it will not appear on those. However, it does not erase the record entirely; the file is kept separate and can be reinstated if the person is convicted of a new offence. A vulnerable sector check can still flag a record-suspended sexual offence conviction specifically because of the added protections that apply to positions of trust with vulnerable people.

Are youth records treated the same as adult records on a criminal record check?

No. Records created under the Youth Criminal Justice Act follow their own, generally shorter access and retention periods, and youth records are subject to stricter rules on who may access them and for how long they remain on file. They are not simply folded into the adult CPIC record in the same way or for the same duration.

Updates

The Safe Streets and Communities Act renamed the pardon to a record suspension and tightened eligibility waiting periods, changing the terminology that now appears on official record-suspension guidance referenced by employers running checks.

Amendments to the Criminal Records Act began automatically purging absolute discharges from CPIC after 1 year and conditional discharges after 3 years, rather than requiring a separate application.

Sources and References

  1. RCMP - Criminal record checks(rcmp-grc.gc.ca).gov
  2. RCMP - Vulnerable sector verifications(rcmp-grc.gc.ca).gov
  3. Parole Board of Canada - Record suspensions(canada.ca).gov
  4. Criminal Records Act(laws-lois.justice.gc.ca).gov
  5. Youth Criminal Justice Act(laws-lois.justice.gc.ca).gov
  6. Expungement of Historically Unjust Convictions Act(laws-lois.justice.gc.ca).gov
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