Other Issues in Criminal Matters (1:VIII) - Revision history

LSLAP at 18:54, 13 October 2025

2025-10-13T18:54:15Z

← Older revision		Revision as of 18:54, 13 October 2025
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	{{REVIEWED LSLAP \| date= 13 August 2025}}		{{REVIEWED LSLAP \| date= 1 August 2025}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

LSLAP: /* Inadmissibility to the United States */

2025-09-27T08:55:44Z

Inadmissibility to the United States

← Older revision		Revision as of 08:55, 27 September 2025
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	Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.		Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.

	Admissibility to the US is determined in accordance with the ''[https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act]'', 8 USC 1182 [“INA”<nowiki>]</nowiki>. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.		Admissibility to the US is determined in accordance with the ''[https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act]'', 8 USC 1182 [“INA”<nowiki>]</nowiki>. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, ''Controlled Substances Act'', 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.

	:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.		:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.

LSLAP: /* Inadmissibility to the United States */

2025-09-25T16:28:26Z

Inadmissibility to the United States

← Older revision		Revision as of 16:28, 25 September 2025
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	Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.		Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.

	Admissibility to the US is determined in accordance with the ''[https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act]'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.		Admissibility to the US is determined in accordance with the ''[https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act]'', 8 USC 1182 [“INA”<nowiki>]</nowiki>. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.

	:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.		:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.

LSLAP: /* Inadmissibility to the United States */

2025-09-25T16:28:11Z

Inadmissibility to the United States

← Older revision		Revision as of 16:28, 25 September 2025
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	Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.		Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC.

	Admissibility to the US is determined in accordance with the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act ''Immigration and Nationality Act'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.		Admissibility to the US is determined in accordance with the ''[https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act]'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.

	:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.		:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.

LSLAP: /* 2. What Information Can a Third Party Find Out About? */

2025-09-25T16:27:37Z

2. What Information Can a Third Party Find Out About?

← Older revision		Revision as of 16:27, 25 September 2025
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	=== 2. What Information Can a Third Party Find Out About? ===		=== 2. What Information Can a Third Party Find Out About? ===
	It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that section 13 of the BC [https://canlii.ca/t/843q#section13 Human Rights Code, RSBC 1996, c 210], makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.		It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that section 13 of the BC ''[https://canlii.ca/t/843q#section13 Human Rights Code]'', RSBC 1996, c 210, makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.

	There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:		There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:

LSLAP: /* D. Default in Payment of Fine or Non-Compliance with Order */

2025-09-25T16:27:06Z

D. Default in Payment of Fine or Non-Compliance with Order

← Older revision		Revision as of 16:27, 25 September 2025
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	=== 1. Provincial Offences ===		=== 1. Provincial Offences ===
	A convicted person may not be jailed for defaulting on payment of a fine, except as under the [https://canlii.ca/t/84cs ''Small Claims Act'', RSBC 1996, c 430] (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case.		A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''[https://canlii.ca/t/84cs Small Claims Act]'', RSBC 1996, c 430 (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case.

	=== 2. Federal Summary and Indictable offences ===		=== 2. Federal Summary and Indictable offences ===
	If a fine or community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension and makes a court application to extend the time.		If a fine or community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension and makes a court application to extend the time.


	== E. Criminal Records ==		== E. Criminal Records ==

LSLAP at 01:25, 21 September 2025

2025-09-21T01:25:55Z

← Older revision		Revision as of 01:25, 21 September 2025
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	There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:		There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:
	# Level 1: Records of criminal convictions which have not been suspended following an application for a criminal record suspension.		* Level 1: Records of criminal convictions which have not been suspended following an application for a criminal record suspension.
	# Level 2: Level 1 + outstanding charges about which the police force is aware.		* Level 2: Level 1 + outstanding charges about which the police force is aware.
	# Level 3: Level 2 + records of discharges which have not been removed (all charges regardless of disposition).		* Level 3: Level 2 + records of discharges which have not been removed (all charges regardless of disposition).
	# Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (i.e., "Police Record Check").		* Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (i.e., "Police Record Check").

	The vulnerable sector check includes a level 4 check plus any sexual offences and convictions for which a records suspension was granted. A criminal record does not include convictions under provincial laws, like the ''Motor Vehicle Act'', RSBC 1996, c 318].		The vulnerable sector check includes a level 4 check plus any sexual offences and convictions for which a records suspension was granted. A criminal record does not include convictions under provincial laws, like the ''Motor Vehicle Act'', RSBC 1996, c 318].

Nate Russell: review confirmed 2025

2025-08-29T01:55:09Z

review confirmed 2025

← Older revision		Revision as of 01:55, 29 August 2025
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	{{REVIEWED LSLAP \| date= August ~~7, 2024~~}}		{{REVIEWED LSLAP \| date= 13 August 2025}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

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	=== 2. What Information Can a Third Party Find Out About? ===		=== 2. What Information Can a Third Party Find Out About? ===
	It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that section 13 of the [https://~~www.bclaws.gov.bc~~.ca/~~civix~~/~~document/id/complete/statreg/00_96210_01~~#section13 BC Human Rights Code, RSBC 1996, c 210], makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.		It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that section 13 of the BC [https://canlii.ca/t/843q#section13 Human Rights Code, RSBC 1996, c 210], makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.

	There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:		There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:

LSLAP at 05:43, 13 August 2025

2025-08-13T05:43:22Z

LSLAP: /* 5. Record Suspension */

2024-08-08T07:49:47Z

5. Record Suspension

← Older revision		Revision as of 07:49, 8 August 2024
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	=== 5. Record Suspension ===		=== 5. Record Suspension ===
	A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the ''Criminal Records Act'':		A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the [https://canlii.ca/t/7vf3 ''Criminal Records Act'']:
	* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act'', excluding those below).		* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act'', excluding those below).
	* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service).		* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service).

← Older revision		Revision as of 05:43, 13 August 2025
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	Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge.		Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge.

	A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See ~~'''~~Section VI~~: Resolving the Matter Prior to Trial'''~~, above, for more information.		A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See [[Resolving_Criminal_Matters_Prior_to_Trial_(1:VI)\| Section VI]], above, for more information.

	Any person who wishes to have a stay of proceedings entered should do so with the advice of a lawyer. Complainants should be careful with regards to what is said to Crown. If the complainant wishes to have the charges dropped, they should contact the Crown to discuss the matter. It is important to note that an accused person '''MUST NOT''' attempt to persuade the complainant to drop the charges, as to do so is a criminal offence.		Any person who wishes to have a stay of proceedings entered should do so with the advice of a lawyer. Complainants should be careful with regards to what is said to Crown. If the complainant wishes to have the charges dropped, they should contact the Crown to discuss the matter. It is important to note that an accused person '''MUST NOT''' attempt to persuade the complainant to drop the charges, as to do so is a criminal offence.
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	=== 1. Provincial Offences ===		=== 1. Provincial Offences ===
	A convicted person may not be jailed for defaulting on payment of a fine, except as under the [https://~~www.~~canlii.~~org/en/bc~~/~~laws~~/~~stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html?autocompleteStr=Small%20Claims%20Act&autocompletePos=1~~ ''Small Claims Act'', RSBC 1996, c 430] (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case.		A convicted person may not be jailed for defaulting on payment of a fine, except as under the [https://canlii.ca/t/84cs ''Small Claims Act'', RSBC 1996, c 430] (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case.

	=== 2. Federal Summary and Indictable offences ===		=== 2. Federal Summary and Indictable offences ===
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	=== 2. What Information Can a Third Party Find Out About? ===		=== 2. What Information Can a Third Party Find Out About? ===
	It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01#section13 ~~section 13 of the~~ BC Human Rights Code, RSBC 1996, c 210], makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.		It is very important that people read and understand what they are signing when signing a consent to have their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. This could be limited to suspended sentences, fines imposed after criminal convictions, and any form of incarceration. Other information would not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that section 13 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01#section13 BC Human Rights Code, RSBC 1996, c 210], makes it illegal to discriminate based on past conviction of an offence that is unrelated to the employment or intended employment of that person.

	There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:		There are two types of criminal record checks: standard and vulnerable sector. Criminal record checks can only be conducted with the consent of the individual. Only police agencies and the Ministry of Public Safety and Solicitor General are authorized to conduct a criminal record check. There are 4 levels of standard criminal record checks, as follows:
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	# Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (i.e., "Police Record Check").		# Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (i.e., "Police Record Check").

	The vulnerable sector check includes a level 4 check plus any sexual offences and convictions for which a records suspension was granted. A criminal record does not include convictions under provincial laws, like the ''Motor Vehicle Act'', RSBC 1996, c 318.		The vulnerable sector check includes a level 4 check plus any sexual offences and convictions for which a records suspension was granted. A criminal record does not include convictions under provincial laws, like the ''Motor Vehicle Act'', RSBC 1996, c 318].

	=== 3. How Will a Criminal Record Affect My Ability to Travel? ===		=== 3. How Will a Criminal Record Affect My Ability to Travel? ===
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	Admissibility to the US is determined in accordance with the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act ''Immigration and Nationality Act'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.		Admissibility to the US is determined in accordance with the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act ''Immigration and Nationality Act'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.

	:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult ~~'''~~Chapter 18: Immigration Law~~'''~~ for more information.		:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult [[Introduction_to_Immigration_Law_(18:I)\|Chapter 18: Immigration Law]] for more information.

	=== 4. Elimination of Records ===		=== 4. Elimination of Records ===
	All youth criminal records become “inaccessible” after a certain period of time, depending on the nature of the offence and the sentence that is imposed ([https://canlii.ca/t/7vx2 ~~s 119(2),~~ ''Youth Criminal Justice Act'']). However, if a person is convicted of a Criminal Code offence committed as an adult, before their youth record becomes “inaccessible,” then their youth record may be dealt with as a record of an adult, again depending on the sentence that is imposed (s 119(9)).		All youth criminal records become “inaccessible” after a certain period of time, depending on the nature of the offence and the sentence that is imposed ([https://canlii.ca/t/7vx2 ''Youth Criminal Justice Act'', s 119(2)]). However, if a person is convicted of a Criminal Code offence committed as an adult, before their youth record becomes “inaccessible,” then their youth record may be dealt with as a record of an adult, again depending on the sentence that is imposed (s 119(9)).

	The time calculation under this section of the ''Youth Criminal Justice Act'' is complicated and mistakes are often made. If a Youth Record is part of an accused’s criminal record, the applicable “access period” for the youth record should be double-checked.		The time calculation under this section of the ''Youth Criminal Justice Act'' is complicated and mistakes are often made. If a Youth Record is part of an accused’s criminal record, the applicable “access period” for the youth record should be double-checked.
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	=== 5. Record Suspension ===		=== 5. Record Suspension ===
	A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the [https://canlii.ca/t/7vf3 ''Criminal Records Act'']:		A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the [https://canlii.ca/t/7vf3 ''Criminal Records Act'']:
	* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act'', excluding those below).		* 5 years (after the sentence is completed) for a summary offence (or a service offence under the [https://canlii.ca/t/7vjm ''National Defence Act''], excluding those below).
	* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service).		* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the [https://canlii.ca/t/7vjm ''National Defence Act''] for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service).

	Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of ''more'' than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension.		Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of ''more'' than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension.