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How do you clear a RCMP CPIC record?

Toby Fourre
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Joined: Oct 26 2006
January 4, 2008 - 8:45am
 

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Toby Fourre
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Joined: Oct 26 2006
January 4, 2008 - 8:45am
#1
Many years ago, a friend did something stupid and wound up before a judge. He was given a suspended sentence and had to do some community service. The whole thing was sealed. That was ten or twelve years ago. His life has been exemplary ever since.

He now needs to be bonded and CPIC comes up with some sort of note about this. Details are not given, but it is not erased. Since the court sealed the record, why does the RCMP computer, CPIC, still have it? How does he get it out of there?


N.Beltov
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Joined: May 25 2003
January 4, 2008 - 8:51am
#2
Just call or contact the Mounties. If it can be cleared, they will do it. It's a routine sort of thing.
RCMP Pardon and Purge Services

aka Mycroft
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Joined: Aug 8 2004
January 4, 2008 - 8:53am
#3
beltov beat me and said it better.

[ 04 January 2008: Message edited by: aka Mycroft ]


Toby Fourre
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Joined: Oct 26 2006
January 4, 2008 - 11:47am
#4
Thanks. He contacted the Court Registry which looked up the original file. It turns out that he was actually given a "conditional discharge." This was supposed to have been erased from CPIC after three years. The Court Clerk thinks that the RCMP made a data entry error. Personally, I'm not that generous when it comes to police. Anyway, he's trying to get it corrected.

lucas
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Joined: Jul 8 2004
January 4, 2008 - 11:56am
#5
"...Personally, I'm not that generous when it comes to police...."

Yes, you're right... it is likley a 12 year conspiracy against your friend carried out by the arresting officers.


Toby Fourre
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Joined: Oct 26 2006
January 4, 2008 - 12:14pm
#6
quote:Originally posted by lucas:
"...Personally, I'm not that generous when it comes to police...."

Yes, you're right... it is likley a 12 year conspiracy against your friend carried out by the arresting officers.

No, more likely that they just don't like removing anyone from their files. Once in = in forever. It's similar to the "no fly" lists that you hear about; once on it and you're on it forever.


N.Beltov
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Joined: May 25 2003
January 4, 2008 - 12:45pm
#7
There's some information about a conditional discharge that may be useful.

quote:Conditional Sentences, Probation and Discharges

What is a conditional sentence?

A conditional sentence is a jail sentence that you serve in the community, instead of in jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community. This sentence usually has strict conditions, including a curfew. A judge can’t give you a conditional sentence if the sentence is longer than two years or if there is a minimum jail term. If you disobey the conditions, a judge can send you to jail for the rest of the time left on your sentence.

What is probation?

Probation is a penalty a judge can give you that requires you to follow certain conditions for a set time that can last up to 3 years. During that time, you must follow the terms of the probation order. Usually, that means you must keep the peace, be of good behaviour, report regularly to a probation officer, and keep the probation officer informed of your current address. Depending on the offence, you may also have to report to a probation officer periodically, avoid certain people, avoid using alcohol and drugs, attend counseling, pay back damages you caused to the victim, or perform community service. The judge still convicts you of the offense, but then suspends the sentence and releases you on probation.

Probation may be the only penalty, or it can be combined with other penalties, including a fine, a discharge, or a jail term less than 2 years. But a judge can’t give a person all three penalties of jail, a fine, and probation. You could get the following combinations: a fine and probation, or jail and probation, or jail and a fine. The Judge may also order you to perform up to 240 community service hours and receive counseling.

If you don’t follow the terms of your probation, you can be charged with breach of probation. If you’re convicted of breach of probation, the court can cancel your probation and sentence you for both the original offense and breach of probation. The usual penalty for breach of probation is a jail term.

What is a discharge?

A discharge means that the judge finds you guilty, but then discharges you instead of convicting you. A discharge is usually only available for more minor offences and if you have no criminal history. You have to convince the judge that a discharge is appropriate. The Judge considers your character and whether a discharge is against public policy.

There are two types of discharge: absolute and conditional. Most discharges are conditional. A conditional discharge means you’re on probation with conditions (described above). If you obey your probation conditions until it ends, then you will have no criminal record. But if you don’t follow the conditions of your probation, or you don’t finish it, you can be charged with breach of probation.

An absolute discharge means that you immediately have no criminal record.

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 RCMP removes from its records absolute discharges after one year and conditional discharges after three years.

Canadian Bar Association link on discharges

Here are the mechanics of actually applying:

Criminal Records and Applying for a pardon

Note:

quote:And a pardon does not guarantee you can enter another country or get a visa to enter another country. For example, the US does not recognize Canadian pardons.

It depends what the purpose of clearing this problem up is. You haven't been entirely clear on this but if it is for the purpose of travel to the US, then your friend may be SOL in any case.

[ 04 January 2008: Message edited by: N.Beltov ]


Toby Fourre
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Joined: Oct 26 2006
January 4, 2008 - 2:27pm
#8
quote: It depends what the purpose of clearing this problem up is. You haven't been entirely clear on this but if it is for the purpose of travel to the US, then your friend may be SOL in any case.

He's been to the US without problems. What happened is that his employer (of several years) has announced that it will be doing record checks. My friend does not know what the level of tollerance is. If the employer were to announce that they don't really care about youthful errors in judgement, then there would not be a problem. Unfortunately, said employer is staying mum.

Worse, the note in CPIC does not give details; it was "sealed" after all. All that is there is a note that there was a crime. This leaves it open to imagine the worst.

The whole thing was long enough ago that paper records are stored in basement vaults, etc. The Court Clerk did manage to find the original order and it did say "conditional discharge." Now he has to find the police file and get them to correct the error.

It's hard to believe the bureaucracy involved. That may be the biggest problem. The transnational company I used to work for hated correcting mistakes in customer information. Even a wrong phone number used to have people climbing the walls. It seems simple to me, but bureaucracies get bogged down on stupidity.


N.Beltov
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Joined: May 25 2003
January 4, 2008 - 2:43pm
#9
If your friend is in a union environment then, since this is a NEW policy, this record check should be subject to some kind of negotiation.

OTOH, if the records should be cleared but aren't being properly handled, then maybe it's time your friend hired a lawyer and started litigating against the Mounties. Violation of policy, whatever. And legal advice might be a good idea anyway, especially without the protection of a bargaining agent of some kind.


Pogo
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Joined: Aug 19 2002
January 4, 2008 - 2:44pm
#10
As far as travelling to the US it is important to fix the records first and then travel. I have heard of a number of people who have tried to go to US where customs searches the Canadian database and finds the criminal record and denies entry. They then get a pardon and clean the records in Canada, but are still denied entry into the US as their record remains in the US system. There used to be a system for applying for a "US pardon", but that disappeared with 9-11.

N.Beltov
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Joined: May 25 2003
January 4, 2008 - 2:47pm
#11
There is also a delay on this side of the border; there is a waiting period of one year following being turned down for a pardon.

However, Toby has indicated that this is work related.


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