A heated argument can lead to a police call which will lead to a criminal charge. It can happen in an instant and it happens often across the country much to the surprise of the people who are fighting, as in many cases the people involved never intended for the argument to escalate to such a degree.
Below is a typical email question from a person who was recently charged with assault:
My question is pertaining to domestic violence charge. Last year August of 2012, i was involved in heated conversation with my partner. Gauging that situation was getting worse i called the cops and described them i just needed help in resolving the situation and I would prefer to leave for the night. Next thing I knew i was arrested taken to police station, finger printed and had to appear in court. I was also charged with domestic violence. I plead guilty to the charges and went to complete the “man alive” or anger management program for 36 weeks. I completed that April of this year and appeared in court where I received absolute discharge. My questions as i am worried about my future and career are:
1). While applying for any job where being asked ” Have you ever been arrested”. I have been told my answer should be “Yes”. will this ever go away from the records for me? or does it stay on the record for life?
SINCE YOU WERE FINGERPRINTED, EVEN THOUGH IT WAS AN ABSOLUTE DISCHARGE OR CONDITIONAL DISCHARGE, YOUR NAME WILL STILL BE RED FLAGGED IN A CRIMINAL CHECK. YOU NEED A FILE DESTRUCTION TO REMOVE YOUR PRINTS, PHOTOS, COURT AND POLICE RECORDS SO THAT IN THE FUTURE YOU WILL BE SAFE FOR WORK AND TRAVELING.
2). Second question is ” Was i ever convicted”. I have been told my answer can be “No”. If i move from Saskatchewan to Albert or any other place. Do i have to come back to the city where this incident happened and request for records to be purged after lapse of one from the date of sentencing? or does this automatically come off and RCMP will take it off all searchable records? Does this mean if records come off they also get deleted from CPIC?
WE NEED TO REQUEST THE LOCAL POLICE TO REMOVE THE RECORDS FROM THE SYSTEM SO THAT YOU WILL BE CLEAR ON A CRIMINAL CHECK.
3). Entering states what can be my answers to the prior questions:
Arrested? Yes
convicted? No
ONCE THE FILE DESTRUCTION IS COMPLETE THE AMERICANS WILL NOT SEE ANYTHING.
4). Does this mean since i have a record. I was interested in seeking future opportunities with government. Would this mean i will never be considered to work for provincial or federal sectors now?
ONCE THE FILE DESTRUCTION IS COMPLETE YOU WILL BE SAFE FOR WORK. THEY WILL NOT SEE ANYTHING IN A CRIMINAL CHECK.
Please answer my questions as I would like to start my life hoping i don’t have to pay a high price for a mistake which haunts me for the rest of my life and hinders in me pursuing my dreams.
At Pardons Canada we help people in this situation every day. Whether your charges were dismissed, withdrawn, stayed, absolute or conditional discharge you need a file destruction so that your name will not show up in a criminal background check. If you have been convicted of an assault charge then you require a pardon/record suspension.
