Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"

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 ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]'', RSBC 1996, c 318.

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 is purged from CPIC, 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.  

:'''NOTE:''' A conviction as defined in s 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 would be considered convictions. Consult '''Chapter 18: Immigration Law''' for more information.

All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person’s permanent record under youth convictions.   

The time calculation under this section of the ''Youth Court Justice Act'' is complicated.  As such, occasionally, mistakes are made and if one sees a Youth Record as part of an accused’s criminal record, the time requirements for re-opening that youth record should be double-checked.   

A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is:

* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-n-5/latest/rsc-1985-c-n-5.html?autocompleteStr=National%20Defence%20Act&autocompletePos=1 National Defence Act]'').