Removing a peace bond from your criminal record can help ensure that past mistakes don’t impact your future opportunities. Peace bonds, while non-convictions, can still appear on criminal background checks and potentially affect your employment, travel, and personal life.
This blog will guide you through the process of removing a peace bond from your record with a process known as file destruction. Pardons Canada’s goal is to provide valuable information on the steps involved and support you in reclaiming your future.
What is a Peace Bond?
A peace bond is a court order requiring an individual to keep the peace and be of good behaviour for a specified period, typically 12 months. Unlike a conviction, a peace bond is a non-conviction which should not result in a criminal record. However, it does involve conditions that must be adhered to, such as avoiding contact with certain individuals or staying away from specific locations.
Common Reasons for Issuing Peace Bonds
Peace bonds are commonly issued in situations where there is a perceived threat or potential for harm, such as domestic disputes or conflicts with neighbours. The conditions attached to peace bonds are meant to prevent further incidents and protect the individuals involved.
How Peace Bonds Affect Criminal Records
Although a peace bond is a non-conviction, it can still be found on criminal record checks because you were fingerprinted and processed by the police after your initial arrest. These records are stored in national and local police databases, which can be accessed during background checks. Even if you were never charged, the mere presence of these records can impact the opportunities afforded to you.
Real-World Implications of Peace Bonds
Pardons Canada receives several inquiries every week. Here is a story that highlights the challenges faced when a peace bond remains on record, even without a conviction.
Kyle’s Situation
“My name is Kyle I live in Ottawa, Canada. I’m just inquiring for some information about my peace bond, which happened sometime in January 2023 — I was charged with domestic mischief.”
“Firstly, in the middle of the night, I decided to have a beer and have a smoke outside after a disagreement with my girlfriend. She locked me outside with no jacket, no phone, no car key and no way to care for myself and in frustration, I kicked the door to try to get her attention to try to get something so I could either leave, call someone or be let back inside.”
“The door frame cracked a bit. Then, very shortly after that disaster, she wanted me to go to the hospital for my mental health, which I refused. She told me we could no longer be together, I agreed and told her I was leaving, so she blocked my way out of the bedroom. I asked her repeatedly to remove herself out of my way so I could go, and she told me she was going to call the cops to bring me to the hospital. I got upset, punched the closet door and told her she had no right to do that and to move, and… yeah no one got what they wanted.”
“So here we are. Court ended on September 29, 2023. The conditions of the 810 are:
- It is for 12 months
- You must keep the peace and be on good behaviour
- You can’t have contact with your girlfriend unless she files her written consent with the police (already done I believe).
- You must not be within 100 metres of her unless with her consent.
- No weapons.
My mom does Children’s Aid Society, and they need a vulnerable sectors check for me to move and live with her, so I just need to pass a criminal check. I am properly medicated I attend the day hospital at the civic hospital, I’m talking to counsellors, and I’m doing everything to change my life.”
File Destruction for Removing a Peace Bond
Kyle’s experience highlights the complexities and challenges associated with peace bonds. Although his peace bond did not result in a conviction, the conditions attached to it and the presence of his fingerprints in police databases mean that he must undergo a file destruction process to clear his record and move forward with his life.
Why is File Destruction Necessary?
File destruction is crucial because, without it, the records related to your peace bond can still appear on background checks. By completing the file destruction process, you can eliminate these records and avoid complications in your personal and professional life.
How Pardons Canada Can Help
Pardons Canada offers comprehensive services to assist Canadians in removing peace bonds from their records. Our team provides guidance through every step of the file destruction process, from the eligibility timeline to your approval, ensuring that all documentation is correctly prepared and submitted.
Contact Pardons Canada About Removing a Peace Bond
If a peace bond is affecting your life, Pardons Canada can help. Our experienced team will guide you through every step of the file destruction process to remove it from your record. Don’t let your record hold you back. Contact Pardons Canada today to learn more about our services and confidently move past your peace bond.
Frequently Asked Questions
Our FAQ section aims to provide additional clarity on the topic of withdrawn assault charges and file destruction. Here are answers to some of the most common questions our clients ask.
Is a peace bond the same as a restraining order?
No, a peace bond is not the same as a restraining order. A peace bond is a court order to keep the peace and be of good behaviour, often used in situations where there is a perceived threat. A restraining order is specifically designed to prevent contact between individuals.
Will file destruction guarantee that my peace bond won’t show up on a background check?
Yes, once file destruction is completed, all records associated with the charge, including fingerprints, photographs, and.police reports, will be removed from national and local police databases.
Can a file destruction application be denied?
A file destruction can be denied if the application is incomplete, if you are not eligible, or if there are outstanding legal issues. The Pardons Canada team is here to make sure that applications are thorough and meet all requirements.