People often ask me whether a criminal conviction falls off their record after seven years. The answer is no. Your criminal history record is a list of your arrests and convictions. When you apply for a job, an employer will usually hire a consumer reporting agency to run your background.
The Supreme Court ruled recently that no one can be denied a government job on the basis of a conviction or charge he faced as a minor.
This applies no matter what question an insurance company asks. Most will only ask for unspent convictions, although some might ask for 'any convictions in the last 5 years'. If it's spent, you do not need to disclose it under any circumstances when applying for insurance.
Criminal convictions remain on record for an indefinite period. Under certain conditions, the Court will expunge convictions after 15 years in an exceptional sentence, 10 years if there conviction of the sentence does not exceed 5 years, 5 years if the sentence of imprisonment does not exceed one year.
It discloses records of convictions or findings of guilt under criminal law statutes including the Canadian Criminal Code and the Youth Criminal Justice Act. Non-conviction records include pending criminal or relevant provincial statute charges and orders, and Alberta and out-of-province outstanding warrants.
Besides being able to pay the bills, have a job you enjoy, or make a better salary, the impacts of a criminal record go far beyond your professional life. For example, criminal charges and convictions can also limit your child custody rights. Your family life could be affected!
Many employers are willing to hire people who have a criminal record. Whether it makes a difference can depend on the reason you have a criminal record and the type of job for which you are applying. You are more likely to find work doing something unrelated to your prior conviction.
Common background report red flags include application discrepancies, derogatory marks and criminal records.
A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date†for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
No Conviction recorded or section 10 dismissal is a great result should you be found guilty of an offence. It is the equivalent of no criminal record.
Practical information & advice. You only have to disclose your record to an employer if they ask you. Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If they ask you and you don't disclose, they could later revoke the job offer or you could be dismissed.
Only unspent convictions matter. If your conviction is spent, you don't need to declare it when you apply for insurance, even if you're asked. Insurance cover might be more expensive if you have an unspent conviction. Mainstream insurers typically refuse to cover those with unspent convictions.
