I have a nephew who is beyond upset and needs some advice. He needed a Police background check for a volunteer position he wants .He received it today in the mail and it states somehow he has a Criminal Record. He was able to renew his passport recently, cross the border with no issue what so ever.I was with him one time crossing the border. He was arrested once few years ago but was never charged,never finger printed ,never went to Court or jail. It says that his birth date and fingerprints match a person with a C.R. He is devestated as he was planing to apply to RMC next year.
Any suggestions I can offer him? He is really confused and upset.
If your nephew is sure that he was never charged, fingerprinted and never went to court yet he has a criminal record, then he should perhaps get professional legal advice. Unless your nephew is not being entirely forthcoming with you, then perhaps he has been the victim of a clerical error by LE which has been known to happen.
He is also able to cross the US border without any hassles apparently.
If he has a criminal record, then his name is in the CPIC computer which lists criminal convictions under the Canadian Criminal Code and is shared with the USA and some other countries. Many people with criminal records cannot enter the USA very easily if at all.
He could contact
cpic-cpic@rcmp-grc,gc.ca and explain his concerns.
A criminal record is different than a police record. The former means that someone has been convicted under the CCC while the latter pertains to information on someone that police have acquired during an investigation.
Many people have a police record aka “being known to the police” or being “ a person of interest”which has absolutely nothing to do with having a criminal record. Police records are not shared with third parties in general except other LE.
Police records are generally not destroyed, nor should they be as the information has the potential to be very useful in the future. Criminal records are different and can be expunged or erased from CPIC in certain circumstances such as plea bargains.