Police Records Checks - Information for Prospective Students

Index

A. Police Records Check
B. What is a Police Records Check?
C. Levels of Police/Criminal Records Checks as defined by the RCMP:
D. What is a Certified Criminal Record Check?
E. What is a pardon?
F. Does a pardon erase a criminal record?
G. Will a criminal record check reveal that a pardon has been given?
H. Discharge, Conditional Or Absolute Discharge, Withdrawn Charge Or A Stay In Proceedings
I. Why do some Holland College programs require a Police Records Check?
J. Vulnerable Person
K. The National Sex Offender Registry
L. How will a criminal record affect my application?
M. How does a criminal record affect an application to programs at the Atlantic Police Academy?
N. I don't have a criminal record, yet the form completed by the police indicates that I may or may not have a criminal record. What should I do?
O. What does Holland College do with the information I submit?
P. How does the College decide if a criminal record will cause my application to be rejected?
Q. What if I am convicted of a criminal offence after I have been accepted in the program?
R. Will the Police Records Check that I submit with my application be sufficient for the duration of the program?
S. Do I have to submit my fingerprints in order to obtain a Police Records Check?
T. How does a criminal record impact the ability to travel?
U. Information Resources

Disclaimer

a. Police Records Check

A number of Holland College programs require applicants to provide or submit to a Police Records Check. To determine if this applies to your program of interest, please refer to the College Website for the program and check under the "Admissions Requirements" and "Program Participation Requirements" sections.

B. What is a Police Records Check?

There are numerous other terms relating to Police Records Checks that have different meanings. Some of the more common ones are: Criminal Records Checks (CRC), Criminal Records Search (CRS), Police Reference Check, Police Security Check, Criminal History Check, Criminal Check and Criminal Background Check.

A Police Records Check (PRC) is a Criminal Records Check, as well as a search of the records held in the information database of a local police agency. In order to achieve a uniform and consistent response to the requirement to submit a Police Records Check Holland College has chosen to use the PRC and the levels defined by the RCMP.

C. Levels of Police/Criminal Records Checks as defined by the RCMP:

Level 1.

• Records of criminal convictions found in the Identification Data Bank attainable through the Canadian Police Information Centre (CPIC) for which a pardon has not been granted. - (CPIC Criminal Record "LEVEL 1" Query ONLY.)

Level 2.

• Records of criminal convictions attainable through CPIC for which a pardon has not been granted plus records of outstanding criminal charges which the RCMP are aware of or indicated within the Investigative Data Bank of CPIC. - (CPIC Criminal Record "LEVEL 1" Query AND a Persons CPIC Query.)

Level 3.

• Records of criminal convictions and summary of police information (including records of outstanding criminal charges which the RCMP are aware of or indicated within the Investigative Data Bank of CPIC) attainable through CPIC for which a pardon has not been granted plus records of discharges which have not been removed from the Identification Data Bank in accordance with the Criminal Records Act. This will include all charges regardless of disposition. - (CPIC Criminal Record "LEVEL 2" Query AND a Persons CPIC Query.)

Level 4.

• Police information located on computer systems (e.g. Police Information Retrieval System (PIRS), CPIC, Police Operating Records System (PORS), INDICES (local police record systems) and Justice Integration Server (JIS) ) and information located through local police indices checks. This will include all information related to non-convictions and all charges regardless of disposition. - (Persons Queries on PIRS and CPIC.)

Note:

• Checks resulting in possible "hits" for information identified in categories 1, 2 or 3 will require confirmation by the submission of fingerprints.
• You will be required to confirm that information located through the checks stipulated in category 4, is your personal information. You may withdraw this consent prior to disclosure.
• CPIC - stands for the Canadian Police Information Centre database that is operated by the Royal Canadian Mounted Police (RCMP).
• For more information on Police Records Checks go to the RCMP website and check out the brochure Understanding Police Records Checks
• RCMP form for requesting a PRC: "Consent for Disclosure of Criminal Record Information"

D. What is a Certified Criminal Record Check?

When any of the checks described above results in a hit, confirmation by doing a comparison of fingerprints will result in a "Certified Criminal Record Check".

This involves submitting a full set of fingerprints that meet the following conditions: (see RCMP website - http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm#Application for more details)

1. To conduct a certified criminal record check the RCMP require a full set of fingerprints, including both rolled and flat impressions of all ten fingers.
2. All fields on the fingerprint form to be completed. Incomplete applications will be returned to the applicant unprocessed.
3. If you are IN CANADA: you must have your fingerprints taken on form C-216C at your local police station or private accredited fingerprinting agency. Depending on the police jurisdiction, a fee may be required.

Note: Information stored in local and provincial criminal records systems may or may not be found in the CPIC database. Since there is no legislation in place that requires local police to submit criminal information to CPIC (with the exception of the Young Offenders Act), the criminal records of the central system do not reflect the totality of records that exist.

E. What is a pardon?

A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act (CRA), the National Parole Board (NPB) may issue, grant, deny, or revoke pardons for convictions under federal acts or regulations of Canada.

Applicants who may have a criminal record in their past and who are applying to College programs that have requirements for a Police Records Check or for travel outside of Canada, should consider obtaining a pardon prior to applying. Be advised that processing a pardon may take from 12 - 18 months. If you have already started the pardon process, you may wish to consult with the contact person for the program noted on the website, to determine how this will affect the processing of your application.

For more information visit National Parole Board website at: http://www.npb-cnlc.gc.ca/pardons/servic_e.htm

Or Visit the RCMP website page -- "Pardon And Purge Services" at:
http://www.rcmp-grc.gc.ca/crimrec/pandp_e.htm

Pardons may be requested from:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West
Ottawa, ON K1A 0R1
Telephone: 1-800-874-2652
Fax. (613) 941-4981

F. Does a pardon erase a criminal record?

No, a pardon does not erase a criminal record. Under the Criminal Records Act, all records of cases in which a pardon has been granted must be stored separately from other records. As a result, the National Parole Board (NPB) and the RCMP have developed procedures to deal with both hard copy criminal record files and criminal record information on the CPIC system.

The RCMP website also provides the following information regarding pardons and international travel:

a) Through international agreements, the RCMP shares criminal records information with foreign authorities who may register this information in their databank.

b) If you have been convicted of an offence, you may subsequently be refused entry into another country, even if you have since been granted a pardon in Canada.

c) Many foreign countries, including the U.S., do not recognize a Canadian pardon unless you produce a copy for their evaluation.

For more information and information on how to obtain a copy of your pardoned criminal record go to: http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm#Release

g. Will a criminal record check reveal that a pardon has been given?

Once a pardon has been granted, police officers will be provided with no evidence that a criminal record existed. Pardoned records are purged from the part of CPIC that is accessible by police and moved to a part that is accessible by certain people only. See note above re foreign countries.

h. Discharge, Conditional Or Absolute Discharge, Withdrawn Charge Or A Stay In Proceedings

While a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by CPIC and by the charging police agency. Withdrawn charges and stays will remain on the CPIC system and on the system of the charging police service. For more details refer to the booklet "Understanding Criminal Records" by the John Howard Society of Alberta 2000 (http://www.johnhoward.ab.ca/PUB/A5.htm )

i. Why do some Holland College programs require a Police Records Check?

Due to the nature of the occupational field that students are being prepared for, some programs at Holland College will require students to provide proof that they have a clean criminal record.

Society today demands that individuals who volunteer or work with vulnerable members of society, such as children, youth and the elderly, are screened. One aspect of the screening process recommended by the Solicitor General of Canada and the RCMP is a Police Records Check. The College's Child & Youth Care Worker, Human Services, Early Childhood Care and Education, Practical Nursing, Resident Care Worker and Paramedicine programs all involve students working with clients that are considered to be vulnerable. Instructors in these programs will exam the Police Records Check submitted by the student prior to any student participating in a placement at the privately owned and operated Child Development Centre located at Holland College Charlottetown Centre and prior to any involvement with children, youth or the elderly in the community.

Some employers may require a police/criminal records check, security clearance and/or personal interview before students are placed in a practicum, co-operative placement or work experience. Programs requiring Police Records Checks will clearly identify the requirement on the program's official Web page (under Admission Requirements), in official publications and promotional materials, and during the admissions process.

While the College will provide (after the student signs a consent form authorizing the release) the results of a Police Records Check submitted by a student to an individual, company or organization that the student is seeking clinical or practicum placement with, the College does not provide any guarantee, or accept any liability, as to the currency, accuracy, relevance or acceptability of the information. The determination of the relevance of a student's criminal record to the occupation will be left to the individual, company or organization that the student is seeking clinical or practicum placement with.

j. Vulnerable Person

This term is used to denote individuals who have difficulty protecting themselves and are therefore at greater risk of harm. People may be vulnerable because of age, disability or handicap, or circumstances. Vulnerability may be a temporary or a permanent condition.

This is purposely a broad definition, one that can include children, youth, senior citizens, people with physical, developmental, social, emotional, or other disabilities, as well as people who are victims of crime or harm.

Vulnerable person will also include people who have been victims of a crime or accident, or are otherwise left with little defense against those who would harm them.
The Criminal Records Act (CRA) lists certain sexual offences. If a person was pardoned for such offences, his/her record will be kept separate and apart, but his/her name will be flagged in the CPIC computer system. The Criminal Records Act has just recently been amended to permit the identification of pardoned sex offenders. Police agencies may now conduct queries on applicants applying for positions working with vulnerable persons.

The appropriate consent forms must be completed and signed by the applicant, attached to fingerprint form (C216-C) and submitted to the RCMP Information and Identification Services in Ottawa. The form is to be used by a person applying for a position with a person or organization responsible for the well-being of one or more children or vulnerable persons, if the position is a position of authority or trust relative to those children or vulnerable persons and the applicant wishes to consent to a search being made in criminal conviction records to determine if the applicant has been convicted of a sexual offence listed in the schedule to the Criminal Records Act and has been pardoned.)
(for more information visit the RCMP website; sample copies of both consent forms are also available at the site: http://www.rcmp-grc.gc.ca/crimrec/lawenf_e.htm)

Note: It is recommended that the College programs that have students in contact with vulnerable persons also include this check in their request to police. Students would be asked bring this report, after acceptance, for an interview or during orientation to be reviewed with the program instructor(s). If the individual has a record, the information is reported back to them only. The student must then provide another written consent to the police before they will release the information. The College should request this information and the program instructors or another College official will need to make a determination on the student's acceptability in the program.

k. The National Sex Offender Registry

The National Sex Offender Registry, a national sex offender database maintained by the RCMP, was proclaimed as law and came into force on December 15, 2004. While the public does not have access to the National Sex Offender Registry, it is a database that provides Canadian police services with important information that will improve their ability to investigate crimes of a sexual nature. It is however a separate database from CPIC and other police databases.

Under this law persons convicted of a designated sex offence as defined by the Sex Offender Information Registration Act (SOIRA) may be ordered by the court to register within 15 days of conviction and/or release from prison.

A person convicted of a designated sex offence who is under court order is required to re-register annually and every time they change address or legal name to the appropriate registration centres. Persons under order after having been convicted of a sex offence are required to remain registered for 10 years, 20 years or life - depending on the maximum length of the sentence for the crime.

l. How will a criminal record affect my application?

This depends on the program you are applying to and several factors.

The Prince Edward Island Human Rights Act states that an individual, company or organization cannot dismiss or refuse to employ an individual because he or she has been convicted of a criminal or summary conviction offence, that is unrelated to the position the individual is employed in or is seeking.

While the act is very specific in that in only applies to employment, it would be irresponsible of Holland College to accept you into a program where the occupational field would not permit you to work or where there were limitations as to where you could work, without first ensuring you have been adequately informed.

Another factor that the College has to consider is the on-the-job training, clinical, practicum and community volunteering requirements of some programs. The College's health and community service programs include clinical and/or practicum placements and community volunteer work with children and/or youth with both private and public institutions, organizations and agencies. Many public and privately operated agencies and institutions require that employees and/or students to submit to a criminal record check. Depending on the nature of the criminal record, and its relationship to the program, a student may find it difficult or even impossible to be accepted in a clinical, practicum, or OJT placement, which will result in a failure to complete a required component of the program and a non-graduating status. The PRC is one way the health and community service sector can protect clients, especially those who may be vulnerable. Students may not refuse a clinical, practicum or OJT placement on the grounds that a criminal record check is required.

m. How does a criminal record affect an application to programs at the Atlantic Police Academy?

The programs offered by the Atlantic Police Academy require the applicant to have no criminal record for which a pardon has not been granted. Applicants to the Correctional Officer, Private Policing & Asset Protections and Conservation Enforcement programs are required to submit, prior to acceptance, a Police Records Check that includes "Persons Queries" on the Police Information Retrieval System (PIRS) and Canadian Police Information Centre (CPIC). The Atlantic Police Academy also conducts a background check, which includes a thorough Police Records Check on each applicant during the selection process. Students at the Academy will also be subjected to several Police Records Checks during the program.

Depending on the program and the nature of the record applicants, who do not meet the requirements of a Police Records Check, may have their application rejected or they may be asked to contact a program instructor or Program Manager.

n. I don't have a criminal record, yet the form completed by the police indicates that I may or may not have a criminal record. What should I do?

If the Police Records Check produces a name and date of birth similar to yours, you should provide your fingerprints to confirm your identity. The checks conducted by the police are only record checks; without your fingerprints, they have no way to confirm or deny the existence of a criminal record. If this occurs, you should contact your local police agency or the RCMP to have your fingerprints taken. The fingerprints will need to be submitted to:

INFORMATION AND IDENTIFICATION SERVICES
CANADIAN CRIMINAL RECORD INFORMATION SERVICES
1200 Vanier Parkway
OTTAWA, ONTARIO K1A 0R2

o. What does Holland College do with the information I submit?

Only original documents will be accepted.
The contents of criminal record checks are confidential. The documentation will be kept with the application and reviewed by College staff involved in the application review process. If the student is admitted to the program, a copy will be retained (see note1 below) in the official student record and the originals will be forwarded to the program instructor(s). All College staff are governed by policies and procedures that are in place to ensure all personal and private information gathered is controlled and protected.

note1 Some clinical, practicum and OJT sites may require that they see original documents. When this occurs a copy of the originals will be made for the official student file and the originals provide to the student for this purpose.

p. How does the College decide if a criminal record will cause my application to be rejected?

Not all College programs have the requirement for a clean Police Records Check prior to acceptance. For those program that do, in the event that an applicant has a criminal record, the Program Instructor, Program Manager, Assistant Registrar, and/or Registrar shall determine if the Police Records Check is acceptable. A record that indicates who made the decision to accept or not accept the applicant with respect to the PRC, will be added to each student file. The record will be signed and dated by the individual(s) who made the decision. When the PRC is deemed unacceptable, the reasons for the decision will also be recorded on the record and provided to the applicant. When possible, recommendations for changing the non-acceptance status, such as obtaining a pardon, will also be provided to the applicant. Potential applicants who have a criminal record are encouraged to contact the Program Instructor to discuss their status prior to submitting their application.

Applicants and students are required to report changes and/or offences that occur after submission of a Police Records Check. Students will be required to sign a form at the start of their program agreeing to this requirement. Failure to do so is grounds for immediate dismissal from the program.

q. What if I am convicted of a criminal offence after I have been accepted in the program?

After the Police Records Check has been completed, applicants and students are required to report any changes to their police records and/or any offences for which no conviction has yet occurred to the Registrar or the program staff. Failure to do so is grounds for immediate dismissal from the program.

The action taken upon receiving new information regarding your PRC will depend on the program and the nature of the offence. A criminal conviction of any kind would mean immediate dismissal from any of the programs offered at the Atlantic Police Academy. A criminal conviction in one of the health and community service programs would have to be assessed by the program staff to determine what if any effect it might have on your ability to successfully complete the program.

r. Will the Police Records Check that I submit with my application be sufficient for the duration of the program?

As noted above, you are required to inform the College of any changes that may affect the status of your current submission. Generally this will be sufficient for the duration of your program. However, the College cannot guarantee that a clinical, practicum or OJT site will not require a more current check. Should this occur, it is the student's responsibility to obtain a new Police Records Check at the level specified by the site.

s. Do I have to submit my fingerprints in order to obtain a Police Records Check?

As noted in a previous section, finger prints are required to confirm your identity should a Police Records Check produces a name and date of birth similar to yours. To avoid delays and the time involved in contacting individuals to return for fingerprinting, some agencies may request your fingerprints when you submit the request for the PRC. The record form used to capture your fingerprints is not copied or kept in the police files; the form is return to you with the results of the PRC. If your PRC indicates a "not cleared" or "may or may not exist" status (different agencies report this in different ways but basically it indicates that something turned up in the check and the only way to confirm or deny is to use fingerprints), you will need to submit the fingerprint record with the PRC results as evidence that this was done.

t. How does a criminal record impact the ability to travel?

A criminal record does not impact the ability to travel within Canada; however, if a person wishes to travel outside of Canada, there are a number of considerations.

Every country has its own rules and practice about visitors with criminal records. It is recommended that people with criminal records who want to visit a foreign country contact that country's consulate or embassy to obtain information on each country's practice.

Some countries, like the United States, may require a person to get a travel waiver. Travel waivers are documents that allow persons with criminal records to travel to the United States. Waivers can be obtained at the Department of U.S. Immigration located in some International Airports or at any border crossing. The processing cost is $120 U.S. (cost at the time this document was prepared). The waiver is good for five years. If there are questions about travel waivers, the U.S. Immigration Department can be contacted. It takes six to nine months to process a waiver.

Since the United States and some other foreign countries have access to the CPIC system, customs officials use the CPIC system to determine whether individuals have criminal records. If a person has a criminal record and/or travel waiver, U.S. Customs will enter the person's criminal record information into their own system - where it will stay indefinitely. If a person tries to enter the U.S. in the future, regardless of whether he or she has received a pardon, Customs officials will have the criminal record documented in their system.

Canadian pardons do not have legal force outside of Canada. The United States is not compelled to destroy their copy of the record when a Canadian pardons is granted. This means that if U.S. customs have previously entered a person's name into their own system, they would have that person's criminal record even though the record would no longer appear on CPIC. In such cases, individuals with a pardon may also wish to consider applying for a travel waiver.

Note: Information from CPIC is retained indefinitely in the U.S. computer system if customs is alerted to the existence of a record for any person attempting to cross the border. If a person has a record and has entered the U.S. in the past without their record being checked, a pardon will be helpful because it will remove the record from CPIC. Since that person's name no longer appears on CPIC, that individual no longer has a criminal record. If Customs asks whether the individual has a criminal record, the individual can say "no." This also applies if a person has received a pardon and has never entered the U.S. The best advice in any situation is to be as honest as possible and remember that Customs can deny or allow a person to enter the U.S. at their discretion. Travellers should also assume that any criminal record information provided to Customs officials will be entered on their police information system for future reference.

Source: Understanding Criminal Records, John Howard Society of Alberta, 2000. ( http://www.johnhoward.ab.ca/PUB/A5.htm)

u. Information Resources

John Howard Society of Alberta 2000 booklet title: "Understanding Criminal Records" http://www.johnhoward.ab.ca/PUB/A5.htm

RCMP Website at:
RCMP Criminal Record Check (http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm)
RCMP Consent For Disclosure Of Criminal Record Information can be accessed from http://www.rcmp-grc.gc.ca/pdfs/con-forms2e.pdf

Volunteer Canada
http://www.volunteer.ca

I.F.S (International Fingerprint Service) located at 119 Kent St., Charlottetown.

Disclaimer:

This webpage was prepared as a source of information for persons interested in Holland College programs that require Police Records Checks. Although care has been taken in preparing the information contained on this webpage to ensure that the information provided was accurate at the time it was prepared, Holland College does not and cannot guarantee the accuracy thereof. Anyone using the information does so at their own risk and shall be deemed to indemnify Holland College from any and all injury or damage arising from such use. In the event of a conflict between this webpage and any of the sources noted the source document shall prevail. The sources used to prepare the webpage are noted at various places within the webpage and at the end.