Impacts of a Criminal Record

Criminal Law

A criminal record: a mark on your file with real consequences

A criminal record is a list of offences an individual has committed, linked to their name, date of birth, and home address. This list, which is publicly accessible, can have major repercussions on an offender’s job, housing, and travel prospects.

A guilty verdict can indeed dramatically upend the course of a life.

Why is a criminal defence lawyer essential to avoid a record?

Several options exist to avoid a criminal conviction, but only a criminal defence lawyer can guide an accused toward the best strategy for their particular situation.

Choosing the right approach from the outset is essential. Is it better to plead guilty in exchange for a discharge? Try to negotiate an 810 recognizance? Take a chance at trial? A criminal lawyer’s experience is essential to making the right decision.

Negotiating the withdrawal of charges is another possible avenue when the DPCP does not have sufficient evidence. Since the prosecutor holds discretionary power, dropping the prosecution can be negotiated, though this requires precise legal expertise.

Convincing the DPCP of eligibility for extrajudicial treatment (Alternative Measures Program — PMRG) is also possible. This program is intended for people with no prior record whose alleged act is of lesser severity and whose risk of reoffending is deemed low. The lawyer will be able to assess whether the case is eligible and present this option intelligently to the Crown.

What are the steps leading to a criminal charge?

In Québec, the power to lay charges rests with the Director of Criminal and Penal Prosecutions. Only they have the authority to decide whether charges will be filed against a suspect. The police officer will first report an act, and the prosecutor will then decide whether to authorize the file in question.

The exercise of this discretionary power must take into account the public interest, the interests of the victim, and above all the strength of the available evidence. If the evidence gathered is, in the prosecutor’s opinion, insufficient to convince a judge or jury beyond a reasonable doubt, they will choose to drop the charges.

What are the consequences of a criminal record for an accused in Canada?

From a strictly legal standpoint, the consequences of a conviction are limited to the sentence handed down by the judge: imprisonment, community service, a fine, or any other sanction provided by law. Once the sentence is served, justice has fulfilled its role: the accused is then said to have « done their time » or « paid their debt to society. »

However, the effects of a criminal record persist for many years after the imposed sentence has been served.

In matters of immigration, a criminal conviction can prevent a permanent resident from obtaining Canadian citizenship and, in some cases, justify their deportation.

In terms of housing, many landlords refuse to rent to tenants with a criminal record.

In the field of insurance, obtaining coverage becomes either much more complex or significantly more expensive. Insurers consider that a criminal conviction increases the level of risk, which justifies applying a higher premium. The law also allows them to question any applicant about their criminal record.

As for travel abroad, each country is free to establish its own rules on the matter. Several countries prevent people with criminal records from entering. The United States, for example, prohibits entry to anyone with a criminal record, subject to exceptions for certain specific offences.

As for employment, most professional orders make practising a profession conditional on the absence of a criminal record, making professional reintegration more difficult despite the legal protection of section 18.2 of the Québec Charter of Human Rights and Freedoms, which protects against discrimination anyone whose employment is refused because of a criminal record unrelated to that employment.

• Immigration: can prevent access to Canadian citizenship and, in some cases, justify deportation.
• Housing: many landlords refuse to rent their units to tenants with a criminal record.
• Insurance: obtaining coverage becomes more complicated or more expensive, as insurers can question any applicant about their criminal record.
• Travel abroad: several countries, including the United States, refuse entry to people with a criminal record.
• Employment: most professional orders make practising a profession conditional on having no criminal record.

The 810 recognizance: an alternative to a criminal record

An 810 recognizance (peace bond) is a mechanism under the Criminal Code allowing a person who fears another’s conduct to seek a no-contact order from the court, even in the absence of a criminal conviction. This order can include restrictions on contact, alcohol consumption, or travel, for a maximum period of one year.

Its main advantage lies in the possibility of avoiding criminal prosecution. A person who signs an 810 recognizance before a judge is not found guilty and therefore does not acquire a criminal record. The DPCP sometimes agrees to substitute the formal prosecution for the signing of such a recognizance.

In exchange, the accused person must acknowledge that the complainant feared for their safety because of the acts committed. In exchange for this admission, the prosecution is withdrawn, and no record is entered in the accused’s file.

Pardon: a way to ease the effects of a past conviction

A pardon — or record suspension — should not be confused with a discharge. While a discharge occurs at the time of conviction, a pardon is granted after a certain delay and aims to mitigate the effects of a prior conviction.

Obtaining a record suspension does not actually erase a convicted person’s criminal record, but it makes it much harder to access. This process demonstrates good conduct and facilitates several administrative procedures, particularly in immigration and job searching.

The waiting period before you can apply for a pardon is 5 or 10 years after conviction, depending on the severity of the offence committed.

Turn to Lacroix Tarabay Légal to defend your rights

The consequences of a criminal record are severe and persist for many years in an offender’s life. To prevent a misstep from permanently jeopardizing life plans, a solid criminal defence is essential from the earliest stages of the judicial process.