CPIC National Directory: March Front Cover. Royal Canadian Mounted Police. Law Enforcement Service. Technical Information Service Section, Support . maintain an up-to-date list of all CPIC users and advise the National CPIC Administrator of any changes, movement, temporary or permanent. A national forensic advisory committee is needed. 7–13 For example, the Canadian Police Information Centre (CPIC), a backbone system that provides.
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With Financial Support From: The Alberta Law Foundation. The Impact of Having a Criminal Record. The Impact of Having a Youth Record. This document was made possible through the generous support of the Alberta Law Foundation. We appreciate the value the Foundation places on public legal education materials and we are grateful for their financial contribution.
We would also like to thank all those individuals who provided us with information, read drafts and helped us ensure accuracy. We couldn’t have done it without you! The purpose of this document is to provide individuals working in directorry criminal justice system with information about criminal records.
It was necessary for a number of reasons:. In order to provide agencies with a solid understanding of the dimensions of antional records, this document has been divided into four parts.
CPIC national directory : CIPC annuaire national – Vancouver Public Library
Part one provides an overview of Canada’s central criminal record system. Part two answers frequently asked questions regarding the accessibility, care, removal and impact of criminal records.
Some of the information provided is the same for both adult and youth records; however, there are some significant differences. Part three looks at questions that relate directly to the criminal records of youth. The fourth part examines the legislation that governs the accessibility, care and removal of criminal records in Canada. Some legislation is intended to minimize the negative impact of having a criminal record, while other legislation authorizes the disclosure and sharing of criminal record information.
A look at Canadian legislation gives us the opportunity to become familiar with the rights and responsibilities of the police, employers and individuals. Key terms are highlighted in bold text throughout the document and are defined in the Glossary. This document is a summary of the law and regulations related to criminal records at the time of writing. Although we have tried to answer as many criminal record questions as possible, there are some that cannot be easily answered through a review of the legislation and policies.
If you encounter questions that are not answered here, cpi refer to the list directoy contacts at the end of this document.
Also, we are aware that there are sometimes errors in criminal record keeping. Should you become aware of a record that does not follow what we have indicated in this document, please advise us. We are interested in ensuring that this document remains accurate and also in tracking cases where the practice does not match the law or the regulations.
Information on how to direcfory us is found at the end of this directoru. A record of individual criminal activity begins with an alleged offender’s first contact with police. CPIC creates a temporary file until further action is taken by the courts.
This temporary file is only accessible to the charging police department, who can add to and review the information in it as the person proceeds through the criminal justice system. There is a hard copy of all documents, as well as a microfiche copy of the accused’s file. If no further action is taken by the court after five years, the temporary file is destroyed.
Once a conviction has been entered on the CPIC system, police across Canada will have access to the same information that was contained in the temporary file, as well as the record of conviction and sentencing.
The names of persons who have been charged but never convicted cannot be accessed from the CPIC database, except in cases in which a discharge has been granted. Even though discharges are not considered convictions, records of discharged offences are maintained by CPIC for a limited time. Only criminal record natiobal concerning indictable and hybrid offences is held by CPIC.
Local or provincial police reporting systems may contain various record information relating to summary offences and provincial statutes, such as highway and traffic information. Local police services have independent systems of tracking persons with whom they have come in contact. Information entered into a local police service’s system cannot be accessed by another police service unless that information is also entered into the CPIC database.
As mentioned above, CPIC maintains a computer-based information system that provides police officers across the nation with criminal record data that may be helpful in the arrest ntaional suspects. Over 60, officers have access to the same information using computer terminals networked together and connected to the central system in Ottawa.
In addition to allowing officers from coast to coast to communicate almost instantaneously with one another, officers can access any one of the CPIC databases relating to:. The CPIC system also has access to the motor vehicle information systems in each province and territory.
Information stored in local and provincial criminal records systems may or may not be found in the CPIC database. Since there is no legislation in place that requires local police to submit criminal information to CPIC nnational the exception of the Young Offenders Actthe criminal records of the central system do not reflect the totality of records that exist.
Who can access criminal records? A number of law enforcement agencies have access to criminal record information through direct access to CPIC, including provincial and municipal police services.
Other law enforcement agencies with limited powers under federal or provincial legislation also have complete access to a person’s criminal record through CPIC. What kind of criminal record information djrectory be accessed? Three levels of criminal record information are available through CPIC. The level requested depends on the detail required.
Understanding Criminal Records
Agencies with complete criminal record access can receive any one of the following three levels of information:.
Contains personal information and conviction history only. Can a person access their own criminal record? Under the Privacy Act of Canada, every individual has the right to request access to their own criminal record anytime. Requests can be made informally to the RCMP or local police, or the request can be made formally under the Privacy Act.
If the request is made under the Privacy Act, the costs normally associated with fingerprinting will not apply. When individuals request natkonal of their own criminal record from the RCMP, they will generally receive their full criminal record. This includes stays, acquittals, etc. However, individuals can also request a portion of their record, such as convictions only.
If there are no convictions, the RCMP nationxl provide the person with a letter stating directorry. For more information on how to use the Privacy Act to access and correct criminal record information, call the Privacy Commissioner at the number listed on page 26 of dirdctory document.
What criminal record information do employers, community agencies and educational institutions have access to? Employers, community agencies and educational institutions can only obtain criminal record information if the individual consents. In Canada, no one can access another person’s criminal record without the consent of the person to whom the record relates. This is one of the conditions related to third party access under Canadian law. If an agency wishes to access criminal record information, they must inform the individual of the kind of criminal record information being sought.
Some agencies may request that a Full Criminal Record be provided, but most request that only a Criminal Name Index search be mational. The criminal record release form must state the kinds of criminal record information the natlonal service is being authorized to release.
Consent to a records check is indicated by the individual’s signing the form. The criminal record release form may also specify that the information be sent either directly to the agency requesting the check or that the individual pick up the record in person.
For these reasons, it is important that individuals read the criminal record release form very carefully. However, the existence of a record cannot be confirmed without submitting fingerprints.
Are there certain volunteer, educational or employment positions for which a criminal record check is more likely to be done? The following is a list of positions for which a criminal record check may be done prior to the hiring or acceptance of an individual:. How much does it cost to get a criminal record check done? The cost of obtaining a criminal record check varies. Sometimes an agency will submit the criminal record check form on the individual’s behalf and then ask the respective police service to invoice the agency.
This is often done for the convenience of agencies who request numerous checks at one time. In other situations, the individual is responsible for covering the costs of having a criminal record check done. Potential employees or volunteers might be asked to submit their fingerprints to police if a criminal name index search has indicated that there may or may not be a record.
In this case, the employer may ask the applicant to submit fingerprints so that the record can be confirmed. Does a discharge result in a criminal record? Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by CPIC and by the charging police agency.
The Criminal Records Act states that, except in exceptional circumstances:. When these specified time periods have passed, the automated CPIC database is purged of discharge records. Further, any hard copy documents, including fingerprints, are destroyed. In effect, once the purge date has passed, CPIC has no record of the discharged offence.
However, a record of an offence for which an individual has received a conditional or absolute discharge remains in existence after the purge date has passed. Such records are archived in a special repository in Ottawa for five years after they have been purged from CPIC. The Criminal Records Act provides that in exceptional circumstances, when fingerprints of a discharged person have been found at the scene of a crime or in an attempt to discover the identity of a deceased or amnesic person, the name, date of birth and last known address of the person may be obtained, even if the discharge information has been purged from the database.
This information is obtained from records kept in the special repository for criminal records in Ottawa. In addition, if the discharge was given before July 24,a record of the offence may remain on CPIC and information may be obtained from the database in exceptional circumstances.
Commissioner’s Directive 564-5
If a criminal record check directofy done before the purge date has passed, the check will indicate either that a record “may or may not exist” OR that it is “not cleared.
Individuals who received a discharge before July 24,can have their record purged from the system by submitting their request in writing to the RCMP, whose address can be found at the end of this document. Discharges given before this date will be not removed automatically.
There have been instances where absolute and conditional discharges have not been removed from the CPIC system after the specified time period.
In such cases, the individual’s criminal record check has come back “not cleared” or stated that a “record may pcic may not exist. Does a withdrawn charge or a stay in proceedings result in a criminal record?
Withdrawn charges and stays will remain on the CPIC system and on the system of the charging police service.