Does a charge show up on a background check, and how do you clear a record?
A charge alone can appear on some background checks even if you're never convicted. Convictions stay on your record until you apply for a record suspension, which has real waiting periods and a $50 federal fee.
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Does just being charged show up on a background check?
It can. Ontario's Police Record Checks Reform Act, 2015 sets out three types of police check. A Criminal Record Check shows adult convictions that haven't been suspended. Since June 2026, the checks leave off convictions over five years old for offences that can only be prosecuted summarily, such as causing a disturbance. Most common charges, including assault, theft under $5,000 and mischief, can be prosecuted either way, so this doesn't apply to them. A Criminal Record and Judicial Matters Check adds outstanding charges and warrants, certain court orders, and discharges still within their disclosure period. A Vulnerable Sector Check adds those items and, only in exceptional cases that meet strict criteria, non-conviction information such as a withdrawn charge.
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Charged isn't convicted.
On some checks, it can still show up.
Three checks: Ontario has three kinds of police record check. Each one shows different things. Police can't run one without your written consent.
The basic check: A criminal record check shows convictions. Not charges. It doesn't show discharges either.
The bigger two: The two bigger checks can also show charges still in court, and court orders like a peace bond. Orders tied to a withdrawn charge are left off.
Discharges: A discharge isn't a conviction. But it can show on the bigger two for 1 or 3 years. 1 year if absolute, 3 if conditional. Then it's sealed, with no application needed.
Withdrawn charges: A withdrawn or dismissed charge is left off the first two checks. On a vulnerable sector check, it shows only in rare cases involving children or vulnerable people.
You see it first: The results come to you first. An employer sees them only if you agree in writing. Something you didn't expect? Talk to a lawyer before you share it.
A charge is an accusation. You're still presumed innocent.
Before you share a check
- Ask which check the job needs.
- Read your results first.
- Keep the papers that show how your case ended.
- Talk to a lawyer if something shows up.
What's the difference between a charge, a conviction, and a discharge?
A charge is an accusation. A conviction means the court found you guilty or you pleaded guilty. A discharge means you're found guilty, but the court doesn't enter a conviction: the record of an absolute discharge is removed from the national police database (CPIC) after one year, and a conditional discharge after three, without an application. A withdrawn charge means the Crown chose not to proceed.
How do I get fingerprints and photos removed?
If your charge is withdrawn, stayed, or you're found not guilty, apply to the police service that arrested you to have your fingerprints and photos destroyed. Wait times and rules vary by service, and processing can take months. Requests can be refused for serious offences or safety concerns.
How do I clear a conviction from my record?
You apply to the Parole Board of Canada for a record suspension, the current term for a pardon. As of 2026, the wait after you finish your sentence, including probation and fines, is 5 years if the offence was prosecuted summarily and 10 years if it was prosecuted by indictment. The federal fee is $50. Some offences, including certain sexual offences involving a child, aren't eligible.
A suspension sets your conviction apart from your other records and removes it from the database most background checks use, but it doesn't erase court records entirely, and it can still surface in some vulnerable sector checks. It can be cancelled if you're convicted again.
Can a record affect immigration status?
Yes. If you're not a Canadian citizen, a conviction, and sometimes even a resolution short of one, can affect your status, work permit, or ability to enter or stay in Canada. Talk to an immigration lawyer too.
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Length 1:00
Record suspensions (pardons), explained
People call it a pardon.
The real name is a record suspension.
Who decides: You apply to the Parole Board of Canada. It decides yes or no. A discharge is different. Its record is sealed after 1 or 3 years, no application needed.
When the clock starts: The wait starts when your whole sentence is done. Jail, probation and paying every fine. Not the day you were convicted.
How long: Then wait 5 years for a summary offence, or 10 for an indictable one. It depends how the Crown proceeded. Older offences can have shorter waits.
What it does: Your record is set apart, kept separate from other criminal records. It comes out of CPIC, the national police database.
What it doesn't do: It doesn't erase the record. And the US doesn't recognise it at the border. For some sexual offences, a flag can still show on a vulnerable sector check.
The cost: The Parole Board's fee is $50. As of 2026. Fingerprints, court documents and police checks cost extra.
It happened. It doesn't have to be the first thing people see.
First steps
- Make sure every part of your sentence is done, fines too.
- Keep proof of the date it ended.
- Gather court documents, fingerprints and police checks.
- Apply to the Parole Board. A lawyer can check it first.
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Length 0:59
Crossing the US border with a charge or record
Your charge can follow you to the border.
Sometimes it stops you before you leave.
Bail first: Bail conditions can keep you in one area, or make you hand in your passport. Read your release order before you book anything.
Who decides: Free to travel? US officers still decide who enters the US. Canada can't step in for you.
Your record: Any record, however old or minor, may get you turned away. US law lists some crimes, like drug offences, that can bar entry.
Pardons: The US doesn't recognize a Canadian pardon, now called a record suspension. If you're barred, you can apply to the US for a waiver, Form I-192.
At the window: Never lie to a border officer. A lie can get you barred from the US. Officers can see Canadian criminal convictions.
The booth is the wrong place to find out.
Before you travel
- Check your release order for travel conditions.
- Gather court records early if you need a waiver.
- Tell the truth at the booth.
- Talk to a Canadian criminal lawyer, and a US immigration lawyer, before you travel.
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Length 0:30
Myth: "Withdrawn means it's gone"
Myth or fact: “Withdrawn means it's gone.”
Half true. The charge ends. Police records can stay.
The charge: A withdrawn charge isn't a conviction. If you had no record, you still don't. It's left off a basic criminal record check and a judicial matters check.
What police keep: Prints and photos taken when you were charged can stay on file. So can occurrence reports, even after prints are destroyed.
You can ask: You can ask police to destroy prints and photos. It isn't automatic. In Peel, wait 60 days after your final court date. It can be refused.
What to do: Once your case ends, apply to the police service that charged you.
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Do you have to give fingerprints?
Know your rights: Do you have to give fingerprints?
Most crimes, yes. Indictable or hybrid offences.
Who: If you're charged with most crimes, including hybrid offences, police can fingerprint and photograph you. Summary-only charges don't count.
If you miss it: Miss your fingerprint appointment and you can be charged with a new crime. A judge can issue a warrant. Call ahead if illness or an emergency stops you.
After it's over: If your case ends without a conviction, you can ask police to destroy your prints. It isn't automatic. It can be refused, and can take up to a year.
What to do: Go to your fingerprint appointment, even if you plan to fight the charge. If your case ends, you can ask for destruction later.
Where to go from here
- Ask your lawyer how a proposed resolution will affect your record before you agree to it.
- Once eligible, apply for record destruction or a suspension rather than assuming time clears it.
- Keep proof of sentence completion for a suspension application.
People also ask
How long does the application take?
About 6 months for a summary offence, about 12 for an indictable one once accepted.
Will an employer see a charge that was withdrawn?
It depends on the type of check. A Vulnerable Sector Check can show non-conviction information, but only in exceptional cases.
Is a youth record treated the same way?
No, youth records follow different, shorter rules. See our youth criminal matters page.
Can I apply myself?
Yes, directly through the Parole Board of Canada, though many use a lawyer to avoid delays.
Sources
This page is general information about Ontario law as of September 2026. It isn't legal advice about your situation.