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Difference between revisions of "Conditional Sentences, Probation, and Discharges"
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Conditional Sentences, Probation, and Discharges (view source)
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{{Dial-A-Law TOC|expanded = criminal}} | {{Dial-A-Law TOC|expanded = criminal}} | ||
This script explains the following three penalties, called “sentences,” that a court can give if it convicts you of a crime under the Canadian ''Criminal Code or Controlled Drugs and Substances Act'': | This script explains the following three penalties, called “sentences,” that a court can give if it convicts you of a crime under the Canadian ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html Criminal Code]'' or ''[http://laws-lois.justice.gc.ca/eng/acts/C-38.8/page-1.html Controlled Drugs and Substances Act]'': | ||
*a conditional sentence. | *a conditional sentence. | ||
*a probation order. | *a probation order. | ||
*a discharge. | *a discharge. | ||
The script does not: | The script does not: | ||
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==Discharge records stay on file== | ==Discharge records stay on file== | ||
The police and courts keep records of discharges under the ''Criminal Records Act''. If you’re convicted of a criminal offense later, the court can consider your earlier discharge. And if the police check your record, they might see your discharge. | The police and courts keep records of discharges under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-47/page-1.html Criminal Records Act]''. If you’re convicted of a criminal offense later, the court can consider your earlier discharge. And if the police check your record, they might see your discharge. | ||
==Removing discharge records== | ==Removing discharge records== | ||
The RCMP removes from its records absolute discharges 1 year after the date of the sentence and conditional discharges 3 years after the date of the sentence. But for all discharges before July 24, 1992, you have to make a written request to remove the discharge. | The RCMP removes from its records absolute discharges 1 year after the date of the sentence and conditional discharges 3 years after the date of the sentence. But for all discharges before July 24, 1992, you have to make a written request to remove the discharge. | ||
If you want to ensure the RCMP remove your discharge, | If you want to ensure the RCMP remove your discharge, check their website section on [http://www.rcmp-grc.gc.ca/en/record-suspension-formerly-called-pardon-and-purges record suspensions and purges]. (A “pardon” is now called a “record suspension”). Also, check script [[Criminal Records and Applying for a Record Suspension (Script 205)|205]], called “Criminal Records and Applying for a Record Suspension”, for more information. | ||
==What other orders can a judge make?== | ==What other orders can a judge make?== | ||
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[updated | [updated November 2015] | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
{{Dial-A-Law_Navbox|type=crim}} | {{Dial-A-Law_Navbox|type=crim}} | ||
