Non-Conviction Records
Criminal charges that proceed to the courts for prosecution may not result in a conviction. Charges may be withdrawn, or the proceedings may be stayed after consideration of the circumstances. These records will remain in the federal criminal record repository of the Canadian Police Information Centre (CPIC), under restricted distribution, and in local police files, unless they are purged.
The Crown is empowered to control a prosecution proceeding, including the ability to terminate it and the ability to select the manner of termination. There are a number of ways in which a prosecution may be terminated other than by proceeding to a verdict. The Crown has the discretion as to which avenue to choose, and may:
- Withdraw a charge at any time prior to a plea by the accused, or with the leave of the court, after a plea has been entered;
- Enter a Stay of Proceedings; or
- Proceed with the trial but elect not to call any evidence or to stop calling further evidence, and ask the judge or jury to acquit.
The avenues that a Crown prosecutor selects in terminating a prosecution have different legal consequences and the choice must depend on the particular circumstances involved. One of the consequences is the formation of a non-conviction record, in all cases.
Important: The verdict of acquittal also creates a non-conviction record in CPIC.
All too often, these non-conviction records turn up in criminal record screenings and background checks. Express Pardons can have non-conviction records purged.
Why are charges withdrawn?
Crown determines that:
- reasonable and probable grounds did not exist to lay the charge;
- there is no reasonable likelihood of conviction;
- it is not in the public interest to continue the prosecution; or
- the charge laid was incorrect and the Crown intends to proceed on a different (even a more serious) charge.
Why are proceedings stayed?
Generally, a stay is appropriate when proceedings in regard to a charge are being discontinued and the public interest requires that the Crown retain the right to recommence those proceedings within one year (or within such shorter limitation period as may pertain to the charge). When de
- the circumstances of the case and the reason for the inability of the Crown to proceed with the trial;
- the merits of the particular case (including the sufficiency of evidence and the likelihood of conviction);
- the relative importance of the case;
- the likelihood of recommencement.
