Wednesday, January 6, 2010

When is the record of an offence deleted from CPIC for conditional and absolute discharges?

When an accused receives a discharge after being convicted they can say they do not have a criminal record. But there is a notation on police records that remains for a period of time.

With a conditional discharge, the person's records in CPIC are not expunged until three years after the completion of the terms of the conditions set out in the probation order.

As an example, if a person was granted a conditional discharge on March 1, 2009 with conditions for 12 months (like keep the peace and be of good behaviour), then the date of expunging would be 12 months + 3 years = March 1, 2013.

Alternatively, an absolute discharge would be one year after the date the discharge was imposed. Using the same example, the date of expunging would be March 1, 2010.

See Section 6.1 of the Criminal Records Act:

http://laws.justice.gc.ca/eng/C-47/page-3.html.

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