When a person is in contact with the police, their information is stored even if that person is later found not guilty or released without charge. This is known as a non-conviction record.
While this information is shared between police in different jurisdictions and is used every single day in investigations, the use, or rather misuse, of this data can impact a person’s life in many different ways, even if they are never convicted of an actual crime.
This blog will explore what information is kept in non-conviction records, how they disproportionately affect ethnic minorities and vulnerable Canadians, and what, if anything, people can do about them.
Non-conviction record in Canada
In Canada, a person’s non-conviction record is widely accessible by police across the country. This includes any past allegations, charges, and acquittals. Fingerprints, photographs, even if someone called the police or was at the scene when police responded. It’s all kept on a police database.
Non-conviction records appear on police background checks alongside criminal convictions. For most Canadians, a blotch on an otherwise spotless record can still be damaging. Police record checks are commonly requested by employers, volunteering organizations, government officials and educational institutions. Unfortunately, even a not guilty outcome can count against a person. In a choice comes down to two people: one with a blank criminal record and the other with a blemish, no matter how small, it makes all the difference.
Disproportionate effect on minorities and vulnerable people
The use and availability of non-conviction records disproportionately affects Black, Indigenous and People of Colour (BIPO) and people with mental illnesses. People from these groups come into contact more frequently with the police due to deeply ingrained societal disparities.
People from these groups are more likely to be arrested and, as a result, more likely to have a non-conviction record than white people. This can be a significant barrier to social mobility and helps foster a system of inequality.
The Canadian Bar Association recognises this and it is seeking to implement new measures to place limits on the disclosure of non-conviction information. It also supports the introduction of a method to review and correct outdated or inaccurate information that may count against someone. Presently, there is no official process by which a person may review or remove their non-conviction record. However, it is possible in some cases to have this data destroyed.
Non-conviction record destruction
The police retain extensive information about the people they come into contact with. This includes records of not-guilty outcomes such as acquittals and charges that are withdrawn. Stayed or dismissed.
It is possible to apply for non-conviction record destruction. If successful, police will remove or seal the information from its records as well as things like fingerprints and photos. However, the data is kept at the discretion of the police that laid the charges.
It is a good idea to seek professional help. If you wish to seek non-conviction record destruction, Acumen Law is available to help.
What to do if you have a criminal record
If you have a criminal conviction from your past that is holding you back, you may be able to apply for a pardon. If you are eligible, you can prevent a prior conviction from appearing in police searches of criminal records. The crime will not be completely erased but it will not appear when organizations request a background check.