Do Your Driving Convictions Really Disappear After 3 Years?
Do Your Driving Convictions Really Disappear After 3 Years?
Records of Convictions for Provincial Charges in Ontario
Do your driving convictions really disappear after 3 years? Simon says, “No!” Keep reading to find out more about how the government keeps provincial offence records and what happens to them after three years.
Background Information on Provincial Offence Records
First some background information on provincial records. The Ministry of the Attorney General in Ontario keeps records of individuals’ convictions for all provincial charges, the most common Acts being the Highway Traffic Act (HTA), the Compulsory Automobile Insurance Act (CAIA), and the Liquor Licence Act (LLA). However these records are kept on an antiquated system, known as ICON, and are not easily searchable by police officers in the course of their regular duties. These records are primarily for the courts to maintain and use. ICON records are kept longer than three years.
This means that police officers aren’t likely to know about your underage drinking or public intoxication tickets when they run your name, unless you are dealing with the service that issued you the ticket, then they will probably have record of it on their own computer system.
MTO Records of HTA and CAIA Charges
The Ministry of Transportation (MTO) also keeps a records system, known as PARIS (Plate and Registration Information System). PARIS is accessed through the CPIC (Canadian Police Information Center) software, which is readily available to all police officers.
PARIS keeps track of individuals through their driver’s licence number and only deals with driving related provincial offences, namely Highway Traffic Act and Compulsory Automobile Insurance Act charges. It also keeps records of any driver’s licence suspensions, regardless of what they were from (i.e. medical, unpaid fines, racing, criminal conviction, etc). The PARIS record is what people are referring to when they speak of their “driving record”.
When a police officer runs (checks) your driver’s licence number, they will see your licence status and your convictions on PARIS, as well as any points you have accumulated from those convictions. Police services in Ontario (with the exception of the OPP and MTO enforcement officers) only have access on PARIS to the last three years worth of convictions and demerit points (although points actually regenerate after only two years).
The Three Year Myth
The fact that most officers can only see the last three years worth of convictions, coupled with the fact that insurance companies usually only ask about your last three years, has led to the myth that driving convictions are wiped off your record after three years. This is not the case! PARIS keeps records of your convictions indefinitely, it’s just that most officers can’t see them. The OPP and the MTO, however, can. So remember this the next time you are asked if you’ve had any tickets in the past!
About the author: Simon Borys is a former police officer who is currently studying law at Queen’s University in Kingston, Ontario to become a criminal lawyer.
Posted in Police Myths
46 Responses to “Do Your Driving Convictions Really Disappear After 3 Years?”
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Simon Borys
Simon Borys is a former police officer, a law student at Queen's University in Kingston, Ontario, and an aspiring criminal lawyer.
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Excellent info Simon, thank you very much. This begs a few questions, though:- Is there a legal way to get records older than X years permanently erased? I’m not thinking criminal convictions, but rather petty speeding tickets and such.- What kind of information, if any, is kept about alleged offenses that did not result in a conviction? Is there a way to get that kind of information erased if it exists?- Is there a way for a citizen to get all this information that’s kept about him by various government organizations and services? Just as I do with my credit record, I want to know what powers that be have on me so I can correct possible mistakes in my record before they come to bite me.- How does a Joe citizen get a list of who is holding his information, what information is held, how long and who has access to it?Looks like it all boils down to keeping your mouth shut if you have anything to hide (come to think of it, keeping communication to a minimum in situations where you are or can be accused of anything is the best policy, regardless of your history with the law). Let the cop dig whatever information he can and let your lawyer/paralegal do the talking in court.
Hi Vlad, the answer to your questions are as follow:1) there is no way to get any portion of a provincial records erased. Since they are not part of a criminal record they are not eligible for a pardon or record suspension.2) PARIS keeps no record of any charge that does not result in a conviction. Local police computer systems would keep any information on them unless they were Part III tickets, then the officer has to write and submit a case file. ICON keeps a record of any charge that was laid, but will only say whether it was withdrawn or a conviction entered and the sentence. No details surrounding the incident there.3) Yes there is a way to get all the information that the government has on you through the Office of the Information and Privacy Commissioner of Ontario. More information about making a request can be found here. http://www.ipc.on.ca/english/Access-To-Information/Accessing-Personal-Information/ There is a process for correcting erroneous information as well.4) How you find out who has what information would be through the same process as #3.With regards to your final comment, I agree. The onus is on the state to gather any information they want to use against you in any proceeding and people have a right not to incriminate themselves with statements. It’s probably a good idea to exercise that right.
Simon, I’d be interested in knowing what police officers can find out about an individual’s criminal background. Are discharges actually purged from CPIC after a certain period, or can the information somehow be accessed by an officer? How about withdrawals/acquittals/pardons, etc.? Does a DC or Sergeant have access to more information than a PC on the beat?
Adam, a CPIC query generates 2 results. The first is what’s police call the “29″, coming from the radio code 10-29, which means to check CPIC for warrants, terms, etc. The 29 is anything that is current on CPIC – warrants, probation orders, undertakings, recogs, parole, prohibition orders, surveillance entries (though they’ll never disclose that, SOR registries, suspended DL, information like whether the person has suicidal tenancies or communicable diseases, any flags for violence, armed & dangerous, etc – basically anything that’s in effect right now.The other hit that a CPIC query returns is the CNI (Criminal Name Index) which is just a one screen summary of the persons criminal history including name, aliases, FPS#, when the file was opened, last conviction, flags, and types of offences – i.e. B&E, assault, drugs, etc – but not specific convictions.Then of course you can fun the FPS # separately and get the entire record, which includes all of the convictions, sentence, withdrawn, stayed, acquitted, conditional discharges…I think that’s it.I can’t remember whether absolute discharges show up on the FPS record or not.For pardons, any mention of the charge from the 29 or FPS record is removed, you’d never know they’d been charged. The only thing that might give it away is that if a person has an FPS # because they were charge and all charges on the record were pardoned, they would still have a record of having and FPS #, which would come up in a query of their name, but with no information in it. When that happens it’s usually a clue that they were pardoned, but not necessarily because there are other reason that might happen.The only other thing of note is that if someone gets an adult diversion, the record on their FPS is removed, but there is usually an entry on their 29 which says “For information only: subject has received adult diversion” or something like that. It really doesn’t serve any purpose but to let you know.I don’t believe anyone has any more or less access to CPIC records (29, CNI, and FPS) – they are what they are.Hope this helped clarify things.
A few more specific questions:1. You mention discharges show-up on CPIC. After a certain period of time the discharge should be completely removed from ones “record” (three years after sentence for conditional; one year for absolute). As a result there is no need to pardon a discharge. Your entry suggests it still might show-up on CPIC, or will it only show-up during that period?2. You mention stays and withdrawals show-up. Since there is no conviction, there again is no need for a pardon. Do they eventually get purged from CPIC after a certain period? Otherwise, a pardoned conviction may be better for an individual than an outright withdrawal.
I can not recall whether I’ve seen discharges on the record older than 3 years. I don’t think I have. I think they are only there for the 1 or 3 years.Withdrawals do show up, but I believe only when they are part of another entry. For example if someone get’s charged with 10 charges and pleas to 5 so that the crown withdraws the other 5, all 10 show up when you run the FPS #. The ones where a conviction was registered show the sentence and the others show “withdrawn”. Those withdrawn ones never go away. I’m not sure what happens if all the charges are withdrawn, if that even makes an entry or not.Sorry I can’t be more definitive, these details are just not something I ever really paid attention to.
Simon,Thanks a lot for the information here! It helps a lot!I was convicted of “Failure to provide proof of payment” today, which is a provincial offence I did not commit. I lost my bus ticket during transfer with no knowledge of it and when I got off the bus I couldn’t find my ticket. I am probably taking this case to court but I’m still thinking what evidence I can gather to prove my case…..I was just wondering, the provincial offence disappears after three year except on ICON. So when the employer does a police background check, it will not show up right?Thanks a lot for helping!!Jason
Jason, let me start by saying that I can’t offer you any specific legal advise on your situation, but I can say that, in my experience as a police officer, I’ve never seen an offence of “failure to provide proof of payment” in relation to fares go on someone’s driving record, so there’s really nothing for it to “disappear from” after 3 years. Like all provincial offences, it is on ICON indefinitely, but I don’t believe that is part of a background check.However, if you have interaction with police in a particular jurisdiction that results in you being issued a ticket
and
a report is written about it with your name in it, that report becomes part of the police service’s database and can come up on some types of detailed background checks, such as a vulnerable sector check. In my experience, regular tickets (Part 1 Offence Notices) do not usually elicit a report being written, but that’s just my experience in my jurisdiction. Can’t say what it would be in your case. You could always call and find out though. You should be able to access any information the police service holds about you through a Freedom of Information request.
Hi SImon,Thank you so much for your quick reply.I called in to the provincial offences office today and they told me that my case does not lie within the traffic or highway department so I will not have a higher insurance quote. But one representative told me that it is a minor offence and once I pay the fine I am done whatsoever and when I called in again to confirm this the representative told me that this offence will be on my record for three years before it disappears.I did furthur research and found that although provincial offences do not show up on normal criminal record checks but vulnerable sector check will reveal them.My concern right now is wat is considered as “vulnerable sector check” ? I’m probably gonna be an accountant or investment banker three and half years from now when I graduate so will this offence be in anyway related to my fields?The enforcement officer charged me with the offence and my ticket shows the officer is a part of York Regional Transit under “Unit”. He called in to make sure this is my first offence and wrote the ticket. Would be possible for you to identify whether there was interaction with police in a particular jurisdiction? or whether there was a report written with my name on it?I’m wondering right now whether going to court to plead non-guilty is still a good idea because it should result in interaction with the police and leave more marks on my record. Maybe it will be a better idea to just call it an unlucky day, pay the ticket so nothing appears on the record to affect my future…Thank you so much for taking the time to respond to my questions, Simon.Greatly appreciated!Ryan
Ryan, I can’t advise you whether it would be better for you to fight the ticket or not, but I can say that, again, in my experience, I’ve never seen by-law tickets show up on one’s driving record, which is probably why you were told by the provincial offences office that it wasn’t within the traffic or highway department. If it’s not on your driving record, I’m not sure where it “disappears from” after 3 years, as the other representative explained to you. As far as I know, it would only then be on your ICON record and the York Region Transit computer system, if they in fact wrote a report about it. I think you should be able to ascertain whether they did by calling them or filing a Freedom of Information request if you want to know.I don’t know if your future profession requires a vulnerable sector check or not, but you could contact them to find out. I also don’t know if an dealings with the York Region Transit police would even show up on a vulnerable sector check if you had one done. I was under the impression that it just included records from
police services.
But I could be wrong on that. Again, you could probably find the answer to that question by contacting whoever processes the vulnerable sector records checks at the police station in your area.Hope this helps…remember, it’s not legal advice, just my opinions based on my own experiences. If you feel it’s something that could potentially affect your future career, you should consider consulting a lawyer.
By the way.. The ticket was issued as a city by-law violation for 155 dollars.. If that helps in any way..Thanks again Simon!
“vulnerable sector record checks” usually refer to checks done in relation to a persons application for a job or position involving interaction with children or people with disabilities or women at women’s shelter; daycare or childrens’ care workers; the list is probably not complete but the idea is to illustrate the purpose of the check which is to idenfity persons who may have criminal records or past investigations in relation to activities that would be or could cause damage to “vulnerable” persons be it children, persons with physical or mental disabilities, seniors, etc. Adults who are normally not physically or mentally challenged and are engaged with services of an accountant, for example, would not normally be considered “vulnerable sector” persons
Exactly right, thanks!
I am would like to know about vulnerable sector screening. Recently I have been charged with domestic assault. My lawyer is currently fighting to have the charges dropped and the outcome looks good. I have never had a criminal record in my life and have been a outstanding citizen. Here is the problem: I graduated teacher’s college and had an interview with a school board. They told me I need a vulnerable sector screening. I found out that my past actions with the police will show up on the vulnerable sector screen. School boards don’t generally hire someone with a positive record. So my question is can I have my vulnerable sector screening cleared so I can get a teaching job? I heard that my record will get erased after 5 years. This is very distressing to me because I won’t have a record (criminal) but still show a positive on my vulnerable sector. Any suggestions?
I’m not sure what you’re referring to when you say that your record will get erased after 5 years…if you’re referring to contacts and reports that are in the local police force’s database, those will likely be around for the rest of your life. Service policy is usually to keep those records for about 75 years, per their record retention policy. You may be able to get your records purged for the purpose of the vulnerable sector check. I think you should be able to ask your lawyer to look into that for you. Perhaps he could write the police service with an explanation of why you need that.
Hi Simon,What a great forum! Many thanks for starting this up………..was about to stop looking.Ok, here’s me. Almost 2 years ago I was arrested and charged with domestic assault (happy to report, we are very much together and just had ourselves a little baby girl). I was defered to an anger management program and finished that fine. As I understand, because I had never been charged with anythin…ever, this was somehow offered to me as a way of freeing up the courts and ultimately, me not having a record showing up on file. I was told to keep the peace for one year and all will become squashed. Not sure if that is an automatic thing or not??? Now, a few days before last xmas, I was 2 blocks from home carrying gifts coming home from neighbors christmas party (yup, I was drunk, ) and was fined and put in the “dumb dumb tank” for six hrs.That year is now up last month.Here’s the thing, I am now trying to enter the publc service where all positions require a minimum of an enhanced reliablity check……I’m just not sure if any of this shows up or not. I really need this new job!
Are you asking whether the ticket for public intox would show up? The answer to that is it depends on the type of background check they will do on you. I don’t know what an “enhanced reliability check” entails exactly, but my guess is that they will do a detailed check and the ticket will show up. I don’t think that’s fatal however, things can always be explained.
Hi SimonWhat a great website! You’ve confirmed suspicions I’ve had for years about how long offences really do stay on one’s record. I could never get a clear answer about this before, and would frequently get contradictory information, depending on who I asked. Many thanks.My question is this: about 10 days ago I received a minor speeding ticket in Toronto (15 km. over the limit). I have been trying to pay it online, but keep getting a message saying that my offence number does not yet appear “on the system”. I don’t know if this is just a normal delay or if somehow my ticket has gone missing due to administrative error or some other reason. I don’t know whether I should pay it anyway within the 15 day limit (apparently I can do this even if it’s not already on the system), or if I should just wait and see if it ever shows up. I don’t want to call the Provinicial Offences Office about this for obvious reaons. Do speeding tickets ever just “disappear” for a few very lucky individuals?
When officers submit a ticket it is usually reviewed by their NCO (supervising officer) or an administrative clerk somewhere. If there is a gross error on the face of the ticket sometimes it never makes it through to the courts. You could call the court house and ask them to look up your ticket using the ticket number and tell you what the status of it is – they may have more information than the automated system. If they can’t tell you then you can either pay it and keep checking to see if it makes it through (if not you can get a refund) or you can hold of to see if it makes it through (and then pay it if it does). I really can’t advise you which one would be better. Hope that helps.
It does help….very much! Many thanks indeed for the information and also for your very quick response!Just to let you know the results, I did call the court house a few minutes ago and, as you suggested, asked them to check on the status of the ticket for me. I was told that the ticket does not appear on their system, but that it can take anywhere from 10 -15 days for a ticket show up. I don’t know if they were looking at anything different than the same online automated system I can access, though. Then I was told that I could pay it anyway, which I already knew. When I enquired as to what would happen if the ticket never appeared on the system, I was told that a refund would be issued after 8 weeks. I was also told…..and this was news to me as I didn’t see this written anywhere…….that I have an additional 15 days “grace period”, over and above the 15 days after the ticket was first issued, so the other option is to just wait and see if the ticket ever appears within those 30 days. I will probably do that.If you wish, and if you think it might be useful to your other readers, I’d be happy to let you know what happens. Thanks again for your help!
Thank you for your comments. Please feel free to post updates about your situation.
Just occurred to me…..if I do pay the ticket, but it never shows up on the system, do you know if a conviction is still entered on my driving record, or does the whole thing end when the refund is issued? (I probably should have thought more quickly on my feet and asked the court house rep that question…..sorry!)
Ticket has to be on the system for there to be a conviction. You don’t get a conviction on your record just because you hand the money over.
Thanks again so much! You just saved me another half hour of anxiety while waiting on hold on the phone to ask the courthouse rep that question. MWAH!
I’ve been doing so much research on this lately however it seems there is a LOT of false information and MANY individuals simply voicing their opinions all over the internet. My friend has a pending charge in Canada and we’re travelling to the US in a few months, prior to the court date. He has no prior record, and has NOT been fingerprinted for this pending charge (as of right now). I’ve managed to locate a few documents saying that any entry into CPIC for CHR (Criminal History Records) MUST be backed up by current fingerprints but I wanted to be doubly sure! We’ve talked to our lawyer and the judge who don’t think we’ll have any issues entering the US, but I’d love to know that there’s nothing in the system for them to find at the border if they decide to look. Thanks
Erin, I’m not surprised that you’ve found a lot of uncertainty surrounding this issue because I think there IS a lot of uncertainty over criminal records and crossing the border. I am certainly no expert in it and I don’t want to contradict anything that any lawyer or judge has said on the issue, nor is anything I say here legal advice, but I will say, from my own experience and just by way of general information, that if someone has outstanding charges in Canada, an entry for those charges can be entered onto CPIC even before any prints are taken (if they are even taken at all). Consider that for some criminal offences (straight summary conviction offences) you don’t even get fingerprinted at all but CPIC will still show that a person has an outstanding charge for those offences. Similarly, with other criminal offences (hybrid or straight indictable), fingerprinting is not a prerequisite to an entry being on CPIC. Therefore, if border officials have access to CPIC, they may be able to see an outstanding charge on it even if there are no fingerprints.Whether outstanding charges for a particular offence will bar a person form crossing the border is another matter entirely. That is a question outside the scope of my experience and for that I think you might be wise to contact an immigration lawyer who could advise you further.
I had an accident 3 years from this coming november I was charged with failing to yield the right away but when I took it court to fight they had no idea on what had happened or that there was an accident and it was thrown out of court. Now I am trying to get insurance by myself for the first time and it does not show on my drivers abstract ( the ticket one) but the insurance companies can see it I was told its due to my parents insurance company which I was under when I had the accident they had flagged my license which I was told they can not do since there was no claim on either side and the ticket was thrown out.I was told by a cop it should not even be showing with the insurance companies. Do you know how long it will show on my record since apparently its on the one the insurance companies go through? thanks alot
Well, as you say, it’s apparently not on your driving record, so I don’t think there’s anything to “go away” after 3 years or any other length of time. If the insurance company became aware that you were involved in a collision, even if there was no official claim made, I believe they are entitled to use that information in the calculation of your rates.
Hi Simon,
I’ve been charged (wrongfully) when I was 12 and ended up with an absolute discharge. I recently filed to get it expunged and I was told that it was already expunged, however my fingerprints were transferred to a special repository. I was doing some research and there is a form to get adult fingerprints destroyed, I was wondering if there is a similar process for youth fingerprints, and if now, what typically happens to them?
Melissa
Melissa, in my experience people often have problems getting their fingerprints destroyed. I think this is sometimes accomplished by writing a letter to the service that has them, but I feel you should consult a criminal lawyer to get some assistance with this in your particular case. Please remember this isn’t legal advice.
HI,
Very helpful forum, . My Question is when you are stopped by highway police and police runs your information through database , are they able to see other Provincial offences convictions ( liquor or trespassing convictions ) ? and if so are they able to get information regarding the details of such tickets ? ( Some one i know got a trespassing ticket and warning when they were caught shoplifting ) ….would they know all the details of the incident (5 years ago)?
When police run you on a traffic stop they get back information from CPIC (which covers criminal convictions), PARIS (which covers driving related provincial offences), and usually their local system as well (which covers every police contact of any kind with that service). A trespassing ticket would show up on the police records management system, but only if it is from that service, or another service who shares records with that service. The other place a trespassing ticket would be recorded would be ICON, which is the court’s record management system, but I don’t believe any police services have access to that from their cars.
Thank you so much. What about the details of the incident , since the person was given a trespassing ticket and warning of not to shoplift again . Would such warning of 1st time offence show up to othe police service or any database except local police. ? Secondly do you happen to know what is the retention policy of Toronto police for such incidents of contacts with an individual ?
The details of the incident would be contained within any written reports, which would certainly be part of the records retained by the service. I do not believe any of the other databases contain much if any incident details. I do not know what the record retention policy on such reports is.
Hi Simon,
I have a really simple question but I wasn’t able to find any clarification about online. Background story: I was charged in Nov 2009 with “Driving with No Insurance” (the insurance I cancelled the day before I sold my car). I took it to trial and eventually the fine was reduced in Dec 2010. So I’m unsure if my driving abstract would reflect the date of the offence in Nov/09 or the date the court convicted me in Dec/10. Would you be able to tell me? Thanks!
I believe it is the date of conviction, as I recall from my time in policing. As with all things though, I can’t guarantee this is 100% correct.
Hi Simon, thanks in advance for creating this forum. It’s very helpful. I was recently issued a Summons to Court by a GO Transit enforcement officer for travelling with an altered ticket. I was researching this particular offence and found that it is a by-law offence and not a criminal offence. Am I correct? The enforcement officer also took down my driver’s license information, will this be recorded as a driving conviction and show up on any background checks in the future? The enforcement officer was also asking me where I was employed but I answered vaguely. Do they have any right to release information to my employer? I am so embarrassed about this whole situation and I cannot stop researching on how this will affect me. Any information would be helpful. Thanks!
I believe those transit offences are either by-laws or provincial offences – either way, they are not criminal offences. An officer may still write down your drivers licence information on the ticket, but it is unlikely that it will ever show up on your driving history because it is not a driving related offence. As I understand it, there is a manual process where the person filing the ticket after a conviction can send it to the MTO to be added to your licence history, but they normally don’t do that. I’ve never seen it done for a transit offence. While it may not show up on your driving history, it will still be part of some database somewhere and depending on how detailed a records check is performed on you in the future, it might come up. I don’t think the police would have any interest in revealing this information proactively to your employer. If they did, you may have some remedy against them but you’d have to consult a lawyer for that.
As always, this is just general information, I’m not telling you what will or is likely to happen in your particular situation.
thanks for giving me some peace of mind. just one more question, the only databases that would record this particular offence / conviction would be the court database ICON and any records database used by GO Transit, correct? is there a possibility that these records would be forwarded to another police service or jurisdiction? do I have a right to access this information? again, thanks for your response.
I can say with some certainty that the offence will be noted in ICON and I would assume that Transit has some kind of record keeping system as well, but I can’t say for certain whether it would be recorded anywhere else. Could Transit share this info with another service? Possibly, depending on the circumstances. Law enforcement agencies to engage in information sharing. I believe you do have a right to access information about you held by any government agency, and to request corrections of any incorrect information, but those rights are contained in the complex web of privacy legislation and I can’t guide you through that. I can say though that there are lawyers who specialize in this.
Hi Simon,
Thanks for your post this is very informative.
However, I have a question for my case if you can help me out here..
I just got a ticket 2 days ago, charge with “exceed speeding over 49km/h” on highway and got a ticket saying two different amount of money. It says “Set fine of $294.00″ and “Total payable $359.00″. I assume $359 is the one that I have to pay, but why it does have two different amount of money to pay? And if I go to the court and explain what happened and beg to reduce the amount of money and point, does it really work?
The ticket doesn’t say how much point that I gained but I assume that I got 4 points from your blog. Is there any way to know how much point that I have so far for my driver’s license? – altough this is my first ticket during my 10 years driving.
I also read about your post explaining that the points never disappear from driver’s license.. Then is there any way to get rid of those points after few years later or do I have to live with forever? I’m just worrying about the insurance company who might claim me to raise up the money for my insurance…
If you could answer for those questions, that would be really great.
Thanks!
Rachel
I’m not clear on exactly what you’ve been charged with Rachel and, at any rate, I can’t comment on your situation specifically. I can say, however, that if you are charged with more that 49 km over the limit there should be no set fine; you should have to go to court. Same if you are charged with stunt driving under s. 172. 50+ carries with it 6 points, as does stunt driving. As I’ve said in earlier posts, the conviction technically stays on your record forever, but points disappear after 2 years. If you want a record of your convictions and points you can get it from a drivers licence office, or a Service Canada kisosk or, I believe, online.
Hi Simon:
I received a Summon to Court ticket under session 22 of the POA part 3 from Go Transit for traveled with altered ticket. Could you advice what are the consequences of this offence? How come it was not issued under part 1 of the act which only fine is required. Under part 3 of the act says that no set fine, but can be up to $5000 or imprisonment. I am very scared of getting imprisonment as the punishment. Could you please help on this matter and advice? Thanks
Well without knowing what Act and section you were charged under, it’s impossible to say what the fines are. Section 22 of the POA is just the section that says that an officer can lay a summons. Part 1 offence notices (also known as tickets) can only be used if there is a set fine established by the Chief Justice of Ontario. It may be that for your offence, there is no set fine, hence the part 3. Where a part 3 summons is laid, the maximum fine is $5000 (s. 61 of the POA). There is no general provision that I am aware of under the POA that says $5000 or imprisonment, however there is such a thing as a warrant of committal where fines remain unpaid. Keep in mind that the maximum fine is rarely given out.
Hi, my sister was charged with trespassing because she got caught shoplifting. i told her she is very lucky but she still is worried that it will affect her future and getting employment after university. when they do criminal record checks and police record checks for employment will this incident show up? will it just state she was convicted of trespassing or will their be an incident report showing she got caught shoplifting? it is all very confusing for the both of us and she is afraid that this one mistake has ruined her future, i am trying to reassure her myself but i really dont know what to believe on the internet?
Trespassing is not a criminal charge so it doesn’t show on your criminal record, which is managed by the RCMP. However, it is no doubt recorded in a report somewhere with the service that issued the ticket. It is also recorded on ICON, the Ministry of the Attorney General’s court computer system.
A “criminal record check” will not reveal a trespassing ticket, however a more detailed background check will likely reveal the existence of a police contact for this incident with some level of detail. How much detail would be revealed on such a report is not always uniform. Some criminal lawyers have experience getting police services to purge these types of records, so if it does become an issue at some point you may want to contact such a lawyer regarding this.