Will a police background check show charges that have been stayed or withdrawn?

In short, no. A police background check will not show charges that have been stayed or withdrawn. However, there are specific situations related to vulnerable sector checks where charges that have been stayed or withdrawn may be disclosed if very specific conditions are met.

In Ontario, Under the Police Record Checks Reform Act, there are three different types of police record checks that authorize searches of police database records about an individual for non-law enforcement purposes, for example, for employment or volunteering.

What is disclosed?

Convictions are always disclosed. Non-conviction information, for example, charges that have been dismissed, withdrawn or stayed, or that resulted in a stay of proceedings or an acquittal, are not disclosed in a criminal record check, nor are they disclosed in a criminal record and judicial matters check. They may be disclosed in a vulnerable sector check, but only if specific conditions are met.

In most circumstances in Ontario when a police record check is requested, your consent is required in order for it to be disclosed to the person requesting it. There are some exceptions where your consent is not required and the requested information will be sent directly to the requesting party, including but not limited to, certain situations such as:

  • Applying for child custody or adoptions
  • Providing residential care or foster care for children and youth
  • Applying for a legal name change
  • Requirements for a firearms license application
  • Screening for certain roles and purposes in the education, early years, child care, and justice sectors, and in relation to certain roles within the Ontario Public Service
  • Screening for certain roles in electricity generation facilities
  • Certain contexts related to securities markets

Where exemptions like these outlined above do not apply, the check is required to first be disclosed to you, and when applicable, information attached to it regarding how to have the inclusion of non-conviction information reconsidered.

If you believe certain non-conviction information should not be included in a vulnerable sector check, you can make a request in writing to the police record check provider to reconsider whether the information should be contained in your check.

Different procedures may apply to different police services. It is best to inquire with them directly. Your request must be considered within 30 days of the provider receiving your request, and you must be provided with a decision in writing. If your request is approved, the non-conviction information will not be disclosed.

Collett Read LLP