Pardons Canada: Can I Travel to the US with an Assault Conviction?
For many Canadians, the term “absolute discharge” can be confusing. It’s often misunderstood to mean the same as “not guilty.” However, an absolute discharge is a specific legal outcome that, while resulting in no further penalties, can still leave a record in the system that may cause issues in the future.
Understanding what an absolute discharge truly means – and how to address the records associated with it – can help you avoid unnecessary complications in employment, travel, and other areas of life. Pardons Canada is here to help.
What is an Absolute Discharge?
An absolute discharge is when a person is found guilty of an offence but is not given a criminal sentence. Essentially, the court acknowledges the offence but decides no further punishment is necessary. While this sounds like a clean slate, it does not mean the record of the charge disappears immediately.
While it is true that a criminal record will not exist for an absolute discharge after a one-year period, the charge will remain on record and can be seen in a criminal background check. The same holds true for conditional discharges, dismissed and stayed criminal charges.
Why Does an Absolute Discharge Still Appear on Background Checks?
We receive many calls from people who are in shock that they were denied employment or questioned at the U.S. border for an absolute discharge. As far as an employer or immigration officer is concerned, an absolute discharge is a sign that the person was in trouble. As a result, they are more likely to question your character. Here is an example of a question we received by email:
“I was charged and went to court. I was given an absolute discharge in Jan 2005. I am about to complete my teaching degree. When I get a vulnerable screening sector report, it shows up. I have to answer questions about it, and the institution has it on file. Can you get this removed, and how fast? ”
Why Does an Absolute Discharge Still Appear on Background Checks?
Even though no conviction occurs with an absolute discharge, the related records – such as fingerprints, photographs, and police reports – are retained by law enforcement agencies. These records can surface in specific situations, including:
- Employment Background Checks: Particularly for positions requiring vulnerable sector screenings, such as teaching or healthcare roles. See what an absolute discharge looks like on a criminal record check at minute 1.07 of this Pardons Canada video.
- Travelling to the U.S.: U.S. border officials can access Canadian records and may restrict travel privileges based on an absolute discharge.
The good news is that it is possible to get an absolute discharge removed from the system so that it will not come up in a criminal background check. The same is true for a conditional discharge, stayed, dismissed or acquitted criminal charges.
File Destruction: Pardons Canada Can Help
File destruction is the solution. This process ensures that all records related to the discharge are permanently removed from local and national police databases. Once completed, your record will no longer appear on any criminal background check, giving you the freedom to move forward confidently.
At Pardons Canada, we make this process simple. Our experienced team handles everything from gathering documents to submitting applications so you can clear your record quickly and effectively.
Take Action Today
If an absolute discharge is showing up on your record and holding you back, file destruction is the solution. Contact Pardons Canada today to learn more about file destruction and start your journey toward a clear record and a fresh start!
Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. Entry Waivers.
