If you are stopped by LE and have a known sex trade worker in your car and they search your car and pull both of you out of the car. But then let you go without any charges does this get logged on a computer or go on your criminal record in any way???
Criminal Record
- Thread starter Scarbiguy
- Start date
I'm considering volunteering at a local community centre and they told me they need me to get a vulnerability check which will list all convictions and non convictions (What is a non conviction?) They took my drivers license and ran it in the computer. I don't know whether anything was documented or not though. This happened about 3.5 to 4 years ago.
Thanks guys I thought non convictions might be any record there is of you on the LE computer system. I guess stopping someone and questioning them is not worth the paper work of putting it on the system.
You can have an arrest record, even though you were never convicted of anything.
The police may arrest you and detain you for a certain period of time without ever charging you from the prosecutor. Or, charges could be filed, and you could of beat the rap every time.
If you have a constant history of being arrested, though never convicted, that could mean something fishy is up with you, and not worth the risk to a potential employer.
The police may arrest you and detain you for a certain period of time without ever charging you from the prosecutor. Or, charges could be filed, and you could of beat the rap every time.
If you have a constant history of being arrested, though never convicted, that could mean something fishy is up with you, and not worth the risk to a potential employer.
Thanks Ig
Like I said the only thing that ever happened to me was 3.5-4 years ago and I was never arrested or charged. They made us both stand on the sidewalk and searched the car. They didn't find anything and told me to go home. That was it. Would that be considered being detained? Could that be on my file?
Like I said the only thing that ever happened to me was 3.5-4 years ago and I was never arrested or charged. They made us both stand on the sidewalk and searched the car. They didn't find anything and told me to go home. That was it. Would that be considered being detained? Could that be on my file?
I got one of those criminal checks done a few weeks ago. it was fairly simple but the for working with "people at risk" seemed more detailed.
I always wondered how they coordinate all the vest pocket " police notes".
You might want to consult an attorney.
I always wondered how they coordinate all the vest pocket " police notes".
You might want to consult an attorney.
I'm not 100% on this, but if you're charged then I believe that stays on your record for a couple months until they can wipe it. But it does get wiped.fridrikk said:
Check out the Pardons Canada website. It may say on their. Or google criminal records in Canada. I know I've read the info somewhere before.
If you weren't charged, there's nothing on file (well, there's still the officer's hard copy notes but those aren't accessible for background checks).
You wouldn't have a criminal record as you would have to be convicted of a crime in order for that to happen however it does go in CPEC ( ?) which is an incident log for the police across Canada. Anytime you are stopped your information is logged there and is only accessible to the police. You need a lawyer to petition information to be removed from CPEC, but it can be done. As to who you were pulled over with, it means nothing. Had there been "something" they would have charged you on the spot. I remember I was pulled over one night a few months ago for running a yellow light, the cop asked me why I had been at Vic Park and the 401 earlier ( another cop had run my plate )...I was actually at Leslie and York Mills when my plate was run but pulled over downtown...needless to say, whenever they look at you for anything, that information is logged but to my knowledge only used internally.Scarbiguy said:
Hope that helps
Steph
416-966-6966
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Apparently, it is not lawful for a school to deny you a teacher's job even if you were convicted of killing someone as long as you have served your time. On the other hand, the law might apply differently if you were arrested but never convicted.ig-88 said:
What they asked you for was a vulnerable sector check. It is a more detailed disclosure that is not restricted to a CPIC check. The police do maintain records of incident reports where there were no charges filed, these are not just in an officers notes, and I do not believe these are expunged after a few months. I understand these may show up on this check .If you do not have a criminal record you are not on CPIC. If you are stopped, the police are supposed to enter this on their internal system. One reason for this is to discourage cops from letting impaired drivers off(if you get in an accident shortly after being stopped, the cop who let you go before has got some explaining to do) A record is also kept if a cop accesses CPIC to check on you. I recall a few months ago a story about a Toronto cop who got caught this way after running plates for a biker gang.
This is where you need to go to Pardons Canada or google CPIC for additional info.steph@vixens said:
Being charged goes into CPIC but it's supposed to be automatically removed if you're not convicted. I think they have up to a year to do this. So I would strongly suspect that anything more than a routine, low-level CPIC check (i.e. the most common criminal background check done by employers; not the more enhanced ones done for things like childcare) would pick this up.
Once cleared of charges, you should get your lawyer to make sure they've taken your charge out of CPIC. There was a big case on this and someone sued the cops and won big b/c it wasn't taken out.
The key is if you're charged or not. If you're not charged, you won't be in CPIC.
Nope, not true. This was discussed in another thread.Keebler Elf said:
Cops can now legally punch in whatever they feel like into their computer. So if you have any kind of run-in with LE, they can legally enter this information into their database. And trust me, they do this all the time.
It doesnt matter if you're a victim of crime or a criminal, they can and will enter all info into CPIC.
Esco! said:
a run-in or any communication with the police and chances are that you are in the database if you are arrested / convicted, asked for information or reporting an incident
OK, this is what I heard from cops that I know:Papi Chulo said:
They can enter whatever they feel like into their computer (CPIC), they cannot however use this in court unless a judge approves it (which is almost never).
But it helps them get a better profile of whomever they are investigating.
In other words, if you are on their computer as a victim for 10 car break-ins within the last 12 months, they may view you as an insurance scammer, even though you havent been convicted of such.
I'm not 100% sure, but I think they can then detain you and ask why your car gets broken into so many times, based on that information.
That's fine and dandy but what the cops can access in CPIC is quite different from what the general public can find out. And what the general public can find out is what the original poster was asking about.Esco! said:
There are various levels of access. A standard criminal background check is low level access. I believe (but I could be wrong) that a background check for vulnerable sectors (i.e., child care employment) is a higher level search. And for jobs in secure industries (e.g., working at a nuclear plant) the level is one of the highest and involves the RCMP. The OPP normally administers CPIC.
So just b/c a cop enters something into the CPIC database doesn't mean it's accessible to just anyone. And for what it's worth, I don't believe that anything a cop enter goes into the CPIC database. It may go into the local police force's database (and there is a difference), but I doubt it goes into CPIC. Why? For the simple reason that it opens up a whole can of worms that defense lawyers can rip into since a cop could enter anything, whether it's been proven or not. I may be wrong, but I really really doubt cops can enter anything they want.
CPIC is administered by the RCMP, not the OPP. All law enforcement agencies have access to it. Also, for jobs in secure industries, they would involve background checks that would go well beyond a search of CPIC and, depending on the job, could be carried out by the RCMP, CSIS, or National Defence.Keebler Elf said:That's fine and dandy but what the cops can access in CPIC is quite different from what the general public can find out. And what the general public can find out is what the original poster was asking about.
There are various levels of access. A standard criminal background check is low level access. I believe (but I could be wrong) that a background check for vulnerable sectors (i.e., child care employment) is a higher level search. And for jobs in secure industries (e.g., working at a nuclear plant) the level is one of the highest and involves the RCMP. The OPP normally administers CPIC.
So just b/c a cop enters something into the CPIC database doesn't mean it's accessible to just anyone. And for what it's worth, I don't believe that anything a cop enter goes into the CPIC database. It may go into the local police force's database (and there is a difference), but I doubt it goes into CPIC. Why? For the simple reason that it opens up a whole can of worms that defense lawyers can rip into since a cop could enter anything, whether it's been proven or not. I may be wrong, but I really really doubt cops can enter anything they want.
Back to CPIC, here are some facts:
http://www.rcmp-grc.gc.ca//factsheets/fact_cpic_e.htm
What I need is a vulnerable sector search. Considering that this incident happened 3-4 years ago I wonder if it would still be on the Metro Police system. I have had a criminal record check done by the police before that only lists criminal convictions and that was clean. It is the more detailed vulnerable one that concerns me. The local police database and CPIC are different but won't they ever get cross referenced with each other?
I found this on the york region police website. The last sentence is what concerns me.
What does a vulnerable sector screening include?
A vulnerable sector screening search may provide the following information:
* Criminal record (adult and/or young offender, including summary offences);
* Findings of not guilty by reason of mental disorder;
* Probation, prohibition and other judicial orders which are in effect;
* Convictions/pending charges under Child and Family Services Act;
* Apprehension under the Mental Health Act;
* Details of incidents that York Regional Police believes may assist an agency in making an informed decision, including charges where no finding of guilt was made and incidents where no charges were laid.
What does a vulnerable sector screening include?
A vulnerable sector screening search may provide the following information:
* Criminal record (adult and/or young offender, including summary offences);
* Findings of not guilty by reason of mental disorder;
* Probation, prohibition and other judicial orders which are in effect;
* Convictions/pending charges under Child and Family Services Act;
* Apprehension under the Mental Health Act;
* Details of incidents that York Regional Police believes may assist an agency in making an informed decision, including charges where no finding of guilt was made and incidents where no charges were laid.
