How to Get a Non-Conviction Suppressed From a Police Vulnerable Sector Check?

A non-conviction record appearing on a Police Vulnerable Sector Check can be a significant barrier to employment, volunteer positions, and educational opportunities. Fortunately, Ontario law provides a process for individuals to apply to have non-conviction information suppressed from these checks.

If a non-conviction record appears on your Vulnerable Sector Check, you must apply to your local police agency to have the record suppressed. Understanding this process and the factors police consider when making their decision can make the difference between a successful application and a denial.

What Is a Police Vulnerable Sector Check?

A Vulnerable Sector Check is the most detailed and comprehensive police background check available. Its purpose is to help employers and volunteer organisations determine whether there are concerns about a prospective employee or volunteer working in a position of trust or authority with vulnerable populations.

Vulnerable persons include children under 18, people who are dependent on others because of age, disability, or circumstance, and people otherwise at greater risk than the general population.

A Vulnerable Sector Check searches the Canadian Police Information Centre (CPIC) and other local databases for records made by any police service in Canada. It can disclose prior criminal convictions, contact with local police agencies, and information about non-conviction records that may have otherwise been destroyed or purged. It can also disclose convictions for certain sexual offences for which a person has been pardoned.

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What Are the Three Levels of Police Record Checks in Ontario?

The Police Record Checks Reform Act (PRCRA) established three categories of record checks in Ontario:

1. Criminal record checks
2. Criminal record and judicial matters checks
3. Police vulnerable sector checks

The PRCRA established province-wide standards governing what information can be disclosed by police for each type of check. Importantly, non-conviction information will only be disclosed pursuant to a Vulnerable Sector Check, not the other two types.

What Non-Conviction Information Can a Vulnerable Sector Check Disclose?

Under the PRCRA, Vulnerable Sector Checks may disclose the following non-conviction information:

• Criminal offences for which an absolute or conditional discharge has been granted
• Criminal offences for which there are outstanding charges or warrants
• Court orders made against individuals
• Criminal offences that resulted in a finding of “not criminally responsible” on account of mental disorder

The PRCRA also introduced important restrictions. Non-criminal record information entered into police databases as a result of street checks, “carding,” or incidents relating to mental health are no longer disclosed. Convictions for which a pardon has been granted will generally not be disclosed, although there is an exception where disclosure is authorised under the Criminal Records Act.

How Can You Find Out If Anything Will Appear on Your Check?

The only way to know whether any record will appear on a Vulnerable Sector Check is to apply and have the check completed. Your local police agency will not be able to tell you in advance whether any records will show up.

What Is the Reconsideration Process for Non-Conviction Records?

Subsection 10(4) of the PRCRA provides that individuals may request a reconsideration of the disclosure of non-conviction information.

An applicant may seek to have non-conviction information excluded from the results of a Vulnerable Sector Check so that this information is suppressed for future checks. Such a request must be made in writing.

For Toronto residents, requests should be submitted to:

Toronto Police Service

Records Management Services

Attn: Reconsideration Panel

40 College Street

Toronto, Ontario

Canada M5G 2J3

If you live outside Toronto, contact your local police service for their reconsideration process.

What Factors Are Considered in a Reconsideration Request?

The police service will consider the following factors when processing a request for the exclusion of records:

• The seriousness of the alleged behaviour
• The passage of time since the record was created
• The relationship between the applicant and any victim or complainant, particularly whether there was a position of trust or authority
• The age of the victim or complainant
• The strength of the evidence, including aggravating or mitigating factors, and whether the victim or complainant has made similar complaints against others
• Other contacts the applicant has had with the police
• The need to balance the applicant’s privacy rights and right to employment with the need to protect the vulnerable sector

The applicant will be informed in writing of the decision.

Can You Appeal a Reconsideration Decision?

Yes. If you are dissatisfied with the response from the Reconsideration Panel, you may appeal the decision within 30 days. You may provide additional information to address the factors considered during the appeal.

What About Records on a Police Information Check?

A Police Information Check (also called a Police Background Check or Criminal Information Request, depending on the police agency) discloses criminal convictions, local records of criminal charges that did not result in conviction, and any other contact with local police agencies.

If a non-conviction record appears on your Police Information Check, you may be able to have it removed by applying to have your fingerprints, photographs, and record of disposition destroyed with the local police force and the RCMP. This process may take six months to one year to complete.

However, even if you have these records destroyed with local police and the RCMP, they may still appear on a Vulnerable Sector Check. The two processes are separate.

Why Should You Work With a Criminal Lawyer?

When applying to have records suppressed from a Vulnerable Sector Check, a criminal lawyer is in the best position to know what information to include, what information to leave out, and what additional information about yourself may be helpful, even if not required.

A lawyer knows how to present all this information effectively and how to advocate on your behalf to give you the best possible chance of getting your records suppressed.

Pyzer Criminal Lawyers has over two decades of experience helping clients throughout Toronto and the GTA navigate police record issues and protect their employment and volunteer opportunities. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your situation.