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What Happens After a Criminal Conviction?

Consider the Impact a Conviction Can Have

There are misconceptions that our role as lawyers is confined to the courtroom. However, in today’s article we will touch upon the issue of what happens AFTER you have been convicted.  There are plenty of statistics thrown around on the internet these days dealing with the percentage of Canadians with a criminal record. Michael Ashby of the National Pardon Centre quoted in 2015 that he had heard estimates of “numbers all the way up to 30%”, but that the most common accepted number was 10%. This equates to a potential approximation of 3.7 million people in Canada having a criminal record of some sort. Matter of fact, someone you know may already have or may currently be facing criminal charges. It could also be that you found this video as you yourself are facing a criminal charge. It is important to know the effects that a conviction can have on you and your life. The mere recording of a conviction is not the end of the criminal justice procedure. The consequences of a criminal conviction on your record can extend way beyond your final appearance in court.

One of the most obvious consequences of a criminal conviction in Canada is employment. Many and most job applications these days require the prospective employee to consent to a background or criminal record check. An employer, in certain circumstances, is unable to provide you with a job offer if you refuse the same, even if you passed your interview with flying colours and are the most qualified individual for the role. In some cases, the employer might even require you to participate in ongoing criminal record checks. At any time a search can be requested by the employer from the Police and all available Canadian Police indices and databases are searched against your name and date of birth. In certain cases, your fingerprints may also be required. This Criminal Record check, or more often referred to as a “CPIC check”, is basically a summary of all convictions, resolutions, bonds, or discharges against you. A common question that is asked of us by clients is: “but what about just being charged?” What most people do not know is that a criminal record check also reveals any pending charges that are currently before the Court. This information is held by the Police and can be revealed to your employer upon executing the request. Please also note that upon being found not guilty, your fingerprints and files are NOT destroyed automatically. This is only granted by the particular police agency upon specifically requesting the same.

The only possible way for your record in the Canadian Police indices to be set aside is if you have requested, and been granted, to have the data destroyed. You can learn more about Pardons and Record Suspensions by clicking here.

Another question that clients have asked about a criminal record and employment is related to the Ontario Human Rights Code. Yes – it is true that the Ontario Human Rights Code makes it an offence to discriminate or disadvantage you solely based on the presence of a criminal record. This is especially true in the case that your conviction does not relate to the field of employment in any way. On the other hand, if your employment or potential employment is in a field that requires you to be a “respectable person” with “good character”, such as the applying for a job with children or the elderly for instance, the very presence of a criminal record goes against that prerequisite for you being employed and should be taken into account.

A lot of times, our clients have found themselves in a position where they have been refused employment or even fired for “not meeting the requirements for employment”, when they possess a criminal record. In these cases, it can be extremely difficult to prove that the very fact of having a criminal record was what jeopardized your employment.

As you can see, seeking or retaining employment after a criminal conviction is no joke. Much stands to be lost by failing to take the right steps. The well trained lawyers at Aitken Robertson have years of experience with assisting our clients after they have been convicted.

Have a record? Contact us today to see if you are eligible for a Canadian Record Suspension, or what is formerly known as a “Pardon.”

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I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
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Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
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Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
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TAYLOR STEVENS
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