Yes, pending criminal charges can appear on certain Ontario police record checks, but they do not appear on every type of check.
Ontario has three main types of police record checks governed by the Police Record Checks Reform Act, 2015:
- Criminal Record Check
- Criminal Record and Judicial Matters Check
- Vulnerable Sector Check
Each check is designed to disclose different categories of information.
A basic Criminal Record Check focuses primarily on applicable criminal convictions and certain findings of guilt under the Youth Criminal Justice Act. Outstanding criminal charges are not disclosed through this level of check.
A Criminal Record and Judicial Matters Check goes further. It can disclose outstanding criminal charges, arrest warrants, certain court orders, absolute discharges, and conditional discharges where the applicable disclosure rules permit them.
A Vulnerable Sector Check includes information available through a Criminal Record and Judicial Matters Check, along with certain additional information permitted by law. These checks are generally used for positions involving trust or authority over children or other vulnerable people.
Is a Pending Criminal Charge the Same as a Criminal Record?
No. A pending criminal charge and a criminal conviction are not the same thing.
A criminal charge means that an allegation has been formally brought against a person. When the charge is still pending, the criminal case has not yet reached its final outcome.
The accused may ultimately:
- have the charge withdrawn;
- have proceedings stayed;
- be acquitted after a trial;
- enter a guilty plea;
- be found guilty;
- receive a discharge in an appropriate case; or
- resolve the matter through another legally available outcome.
The existence of a pending charge does not establish that the person committed the offence.
Does Being Charged Mean You Have Been Convicted?
No. Being charged does not mean that a person has been convicted.
A charge is an allegation that begins or forms part of a criminal proceeding. A conviction is a legal outcome that may occur later if the accused pleads guilty or is found guilty and a conviction is entered.
It is also useful to distinguish between several types of records:
- A criminal record may contain information relating to convictions and other information maintained within criminal record systems.
- A police record may contain information created or maintained by police that is broader than a conviction record.
- A court record relates to proceedings and information maintained by the court.
- A police record check is a particular screening process that discloses only the information authorized for that type of check.
Which Ontario Police Record Checks Can Show Pending Charges?
Ontario has three main types of police record checks under the Police Record Checks Reform Act, 2015. The information disclosed depends on which check is requested.
That distinction is important for anyone with pending criminal charges. An outstanding charge can appear on some checks even though the person has not been convicted.
| Type of Police Record Check | Can Outstanding Charges Appear? | General Purpose |
|---|---|---|
| Criminal Record Check | No | Basic screening for certain employment or volunteer positions |
| Criminal Record and Judicial Matters Check | Yes | More detailed screening that includes specified judicial matters |
| Vulnerable Sector Check | Yes | Screening for eligible positions involving trust or authority over vulnerable persons |
Ontario’s disclosure rules state that an outstanding criminal charge or warrant is not disclosed on a basic Criminal Record Check. It is disclosed on a Criminal Record and Judicial Matters Check and a Vulnerable Sector Check.
Criminal Record Check
A Criminal Record Check, sometimes called a Level 1 check, is the least detailed of the three statutory checks.
It generally includes applicable criminal convictions and certain findings of guilt under the Youth Criminal Justice Act during the permitted access period.
Outstanding criminal charges are not included under the Ontario disclosure table for this type of check.
For someone awaiting the outcome of a criminal case, this means a basic Criminal Record Check does not automatically disclose the pending charge simply because it exists.
However, this should not be interpreted to mean that pending charges can never become relevant in another type of screening process.
Criminal Record and Judicial Matters Check
A Criminal Record and Judicial Matters Check, often called a Level 2 check, provides more information.
In addition to information available through a basic Criminal Record Check, it can include:
- outstanding criminal charges;
- arrest warrants;
- absolute discharges within the applicable disclosure period;
- conditional discharges within the applicable disclosure period; and
- certain court orders.
Peel Regional Police confirms that its Level 2 check includes outstanding charges, warrants, and other judicial matters.
This makes the type of check particularly relevant for a person with an active criminal case in Mississauga or elsewhere in Peel Region.
Vulnerable Sector Check
A Vulnerable Sector Check, or Level 3 check, is generally intended for eligible work or volunteer positions involving trust or authority over children or other vulnerable people.
It includes the information available through a Criminal Record and Judicial Matters Check. It may also include certain additional information where Ontario’s legal requirements for disclosure are satisfied.
Because outstanding charges are among the categories included at this level, a current criminal charge may appear even though the case has not resulted in a conviction.
Ontario places strict limits on the disclosure of other non-conviction information through Vulnerable Sector Checks. Such information is not automatically disclosed merely because police have a record relating to an individual.
Can Pending Criminal Charges Affect Employment, Licensing or Volunteering?
Pending criminal charges can create practical concerns for employment, professional licensing, volunteering, and other opportunities. However, a pending charge does not automatically mean that a person will lose a job or be refused an opportunity.
The effect depends on factors such as:
- the type of position;
- the type of record check required;
- the nature of the alleged offence;
- whether the charge has any connection to the person’s duties;
- professional or regulatory requirements; and
- the policies and legal obligations applying to the organization.
For example, Peel Regional Police lists different levels of screening for different occupations and roles. Some positions may use a basic Criminal Record Check, while others may require a Criminal Record and Judicial Matters Check or Vulnerable Sector Check.
People with concerns about immigration consequences may also want to review how a criminal record can affect immigration status.
How Can a Mississauga Criminal Defence Lawyer Help?
Pending criminal charges can create concerns beyond the courtroom. A person may also be worried about employment, professional licensing, volunteer work, or another background check while the case remains unresolved.
A Mississauga criminal defence lawyer can first review the allegations and disclosure. This may include police reports, witness statements, video evidence, electronic evidence, and other material provided by the Crown.
The lawyer can then explain:
- what the prosecution must prove;
- possible defences based on the evidence;
- upcoming court procedures;
- possible ways the case could be resolved;
- the difference between a charge and a conviction; and
- how different outcomes may affect future police record checks.
Legal advice can also help when a person is unsure how their pending criminal charges may interact with employment or professional requirements. For more on possible case outcomes, see how a lawyer can help avoid a criminal conviction.
Learn more about Inder Padda and his criminal defence practice in Mississauga.