Here at Acumen, we receive numerous calls from clients who are concerned about whether or not the charges they have received will lead to a criminal record.
Being charged with a criminal offence, such as those under the Criminal Code or Controlled Drugs and Substances Act, can lead to a criminal record if convicted. However, avoiding a criminal record does not always require going to trial and winning the case.
The best approach to prevent a criminal record is to persuade the prosecutor to withdraw the charges. The prosecutor’s decision depends on whether there is a reasonable chance of conviction and if pursuing the prosecution is in the public interest. Proving a problem with the likelihood of conviction calls for a legal analysis. For example, identifying a clear issue with the prosecutor’s case, such as a crucial witness dying or relocating, is sufficient to call into question the likelihood of conviction.
Convincing the prosecutor that there is no public interest in prosecuting the accused requires more of a common sense approach.
An example of this could be a case involving a husband who threatened his wife, and the wife reported the threat to the police. Maybe the husband was later arrested during a traffic stop, but the couple had since parted ways amicably and all the issues were resolved. In this case, a lawyer for the husband could persuade the prosecutor that there was no public interest in prosecuting the husband since the matter had already resolved itself.
If the charges are not withdrawn, there are still several opportunities to settle the matter without a criminal record. These options include extrajudicial sanctions for youth matters, the Alternative Measures Program, Mental Health Diversion, Criminal Code Peace Bond, Common Law Peace Bond, Informal Peace Bond, Absolute Discharge, Conditional Discharge, and Curative Discharge.
What happens if I plead guilty?
Typically, pleading guilty to a Criminal Code offence results in a criminal record, but there are exceptions to the rule. One of these exceptions is being granted a “discharge” during sentencing. This discharge is given when it is deemed that the public interest is not at risk if you do not receive a criminal record for the conviction.
In most cases, these discharges are conditional. This means a conviction will be entered into your criminal record, but it is discharged three years after completing probation.
However, impaired driving offences have stricter rules for discharges. A discharge is only possible if the offender can show that they have a substance abuse problem and that the problem will be addressed through treatment as a condition of the discharge.
If you are considering pleading guilty and seeking a discharge or exploring other ways to avoid a criminal record, it is advisable to consult with a criminal defence lawyer. They can provide you with guidance on your options and assist you in the legal process.
How will a record affect my life?
Having a criminal record is no joke and can significantly impact one’s life in various ways. It can limit employment and volunteering opportunities, particularly those in healthcare, working with vulnerable individuals or children, or any position of trust.
It can also affect your ability to travel as certain offences may stop you from being able to enter specific destinations. Your chances of obtaining travel, work, or study permits may be negatively affected depending on the nature of your conviction and the country you wish to visit.
A criminal record can also impede your ability to apply for citizenship or immigration abroad. If you are currently in Canada under a study or work permit or as a permanent resident, a criminal record can affect your eligibility to stay here.
All in all, criminal records are not something to take lightly and can have serious implications on several aspects of your life. If you are worried about that impact, it is advisable to seek the advice of a criminal defence lawyer to explore possible defences and options to avoid a criminal record. Don’t hesitate to call us if you have any questions, here at Acumen, we are always happy to help.