The results provided would indicate a clear no record or a not clear there may be a record response.
Consent for Disclosure of Criminal Record Information
This was in-line with the policies and directives of the Government of Canada and was referred to as a Name Based criminal record search. Over time the response provided by the police services changed to where they would provide details of any criminal convictions including; where the offence occurred, type of offence, conviction date and sentence imposed.
Over time some background check companies migrated away from the stringent rules imposed by the Royal Canadian Mounted Police RCMP which resulted in the RCMP clamping down on the way criminal record checks are performed in The database is used mainly by police services to store information and records regarding police activities and more importantly, criminal offences. The Criminal Names Index — is a list of all criminal convictions for which fingerprints are on file.
Fingerprinting is done at the time of arrest — and is only done for criminal matters that are what are termed indictable offences or hybrid offences. Under Canadian criminal law there are three types of offences, 1. Summary conviction offences 2. Indictable offences 3. Hybrid offences. Summary conviction offences encompass the most minor offences in the Criminal Code.
You cannot be fingerprinted for a summary conviction only offence, therefore these offences would not show on a CPIC search.
An indictable offence is more serious than a summary conviction offence. Conviction of an indictable offence exposes you to greater penalties. If you are prosecuted by indictment, you are entitled to trial by jury for most offences. You do not have the right to trial by jury if you are tried by indictment for offences such as Drive Disqualified i. Most offences can be prosecuted either by summary conviction or indictment. The Crown chooses or elects the mode of prosecution. Hybrid offences are considered indictable until the Crown makes its election to proceed with Summary conviction.
The decision on how to proceed can be affected by a number of things including, criminal history of the accused, how busy the courts are, workload and or availability of evidence etc. As you can see — some offences are strictly Summary conviction offences, some are strictly Indictable offences — but the vast majority of offences are Hybrid — but the distinction only matters for procedural matters in court, when fingerprinting will be done and finally, what will show up on a background check check.
The RCMP was prompted in to complete an audit of the police services who were providing information from the CPIC database for background check purposes. The audit caused the Royal Canadian Mounted Police to re-enforce its policies and regulations on CPIC information being released to third-party companies.
Police Record Checks – What Can They Disclose? - LawNow Magazine
Based on this decision the RCMP changed how background check companies perform National Criminal Record searches and what information will be released. These types of searches are seen in fields such as Nursing, Child Care and Volunteer fields. The witness must view 2 pieces of Government-issued ID and compare the information from the ID to the forms and signature of the applicant. Clear copies of the ID must accompany the consent form.
The identification must be from a pre-stipulated list of acceptable identification standards available on request. Based solely on the name s and date of birth provided and the criminal record information declared by the applicant, a search of the RCMP National Repository of Criminal Records did not identify any records with the name s and date of birth of the applicant.
Positive identification that a criminal record does or does not exist at the RCMP National Repository of Criminal Records can only be confirmed by fingerprint comparison. Based solely on the name s and date of birth provided and the criminal record information declared by the applicant, a search of the RCMP National Repository of Criminal Records could not be completed. The enhanced criminal record search is an add-on service to our regular criminal record search. Should there be any negative information in these databases outstanding criminal charges, prohibitions, probations etc.
This result would suggest that additional investigation of an individual through Fingerprint processing is recommended to ensure that there is no criminal record information of concern. This search is useful in a number of situations, most particularly when an advanced criminal record search via Fingerprinting may take too long. This search can be used to qualify all those who are clear of police involvement or when a higher degree of security is needed for a specific position. When a criminal record search is completed by a police service, they compare the name and date of birth against the CPIC database.
This is due to the fact that the RCMP cannot positively state that the record found is a match to the individual searched without the comparison of fingerprints.
The Privacy Act and its regulations require federal government agencies to confirm the identification of people who request that their personal information be disclosed. All criminal records in the RCMP central repository are supported by fingerprints.
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Using fingerprint comparison ensures that when the RCMP releases information on an individual, the information is directly related to the candidate. We offer no opinion or comment on a person's suitability, and we do not undertake any discussions with an employer regarding specific individuals. All information in this process is released directly to the applicant; we do not disclose any information to employers or other persons.
In exceptional circumstances, police contact or non-conviction records may be considered for release on a Police Vulnerable Sector Check. There may be specific, exceptional cases where the existence of these types of records gives rise to a concrete and compelling concern for the safety of vulnerable persons. You do have an option of appealing the release of certain information through our Reconsideration process. This relates only to non-conviction police contact information released under the Exceptional Disclosure Assessment. Criminal convictions are always released and cannot be appealed.
You must submit your request in writing, and provide the reasons why you feel the information should not be included. We do not disclose any non-criminal driving offences. If the job you are applying for requires proof of a clear driving record, you can obtain your Driver's Abstract from the Ministry of Transportation. On average, we process over 30, police screening check requests each year for various employers, as well as school boards and minor sporting leagues.
Each one must be queried, the results analyzed, and in the case of potential police contacts, reports must be reviewed individually. If you've resided at an address outside Hamilton in recent years, we must also contact that police service to conduct a query of their local records. All of this takes time and resources.
While we can usually complete your police check well within the stated timeframes, there may be occasions where information is delayed or requires further confirmation.
What is a Certified RCMP Criminal Record Report?
We do not have a system in place to process 'rush' jobs. No one applicant is more or less important than the next person. It would not be fair to do it for one person and not for someone else. We appreciate that everyone would like their check completed as quickly as possible, and we strive to minimize the turnaround time as best we can. The Hamilton Police Service applies a security seal to certify documents as original, and include the number of pages to ensure all available information is properly released. If a person deliberately alters the results of their police check by changing the content, it is an offence under the Criminal Code.
If we become aware this has occurred it will be investigated and charges could be laid. Although we will not discuss the content of a person's police check due to privacy reasons, we will confirm the number of pages originally released, and advise whether or not a document may have been altered. The Hamilton Police Service provides screening checks only for residents of the city.
Criminal Record Background Checks, Vulnerable Sector and Pardons
Note that Vulnerable Sector Checks can only be done for Canadian residents residing and employed in Canada. As per RCMP directives, police services cannot conduct Vulnerable Sector screening for citizens living and and working outside Canada, even if the employer is a Canadian firm. If you reside outside Canada, you can obtain a certified criminal records check by submitting fingerprints directly to the RMCP. Note that this only contains information relevant to criminal convictions, if any.
It does not include police contact information, nor a search of the pardoned database. More information is available on the RCMP website at:. Individuals that are required to provide a police record check with their Name Change application must use the form that is included in the Application Booklet. You must attend our Records Branch in person for this. NOTE: If acceptable identification verifying your identity, along with proof of volunteer or student status, is provided, the completed search results may be mailed back to the applicant; or if requested, the applicant can pick up their search results at the Records Business Centre.
You may also apply for a police check online from the comfort of home. Please review the information carefully to determine if this is the right choice for you. The Hamilton Police Service cannot provide police screening checks to persons who do not reside within the City of Hamilton includes all communities forming Stoney Creek, Dundas, Waterdown, Glanbrook, Binbrook and Flamborough.
Further, the Vulnerable Sector screening check cannot be used by persons residing outside of Canada, even if the employer is a Canadian company. This involves submitting fingerprints. Crime Prevention Strategies on how to remove or reduce crime. Victim Services Support and information for victims of crime and trauma. How Do I… Information on contacting the Service and more.