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Does a discharge result in a criminal record?


Yes. Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by CPIC and by the charging police agency. The Criminal Records Act states that, except in exceptional circumstances:

no record of an absolute discharge may be disclosed after one year from the discharge date
if the discharge is conditional, no record may be disclosed after three years.
When these specified time periods have passed, the automated CPIC database is purged of discharge records. Further, any hard copy documents, including fingerprints, are destroyed. In effect, once the purge date has passed, CPIC has no record of the discharged offence. However, a record of an offence for which an individual has received a conditional or absolute discharge remains in existence after the purge date has passed. Such records are archived in a special repository in Ottawa for five years after they have been purged from CPIC. The Criminal Records Act provides that in exceptional circumstances, when fingerprints of a discharged person have been found at the scene of a crime or in an attempt to discover the identity of a deceased or amnesic person, the name, date of birth and last known address of the person may be obtained, even if the discharge information has been purged from the database. This information is obtained from records kept in the special repository for criminal records in Ottawa.

In addition, if the discharge was given before July 24, 1992, a record of the offence may remain on CPIC and information may be obtained from the database in exceptional circumstances.

If a criminal record check is done before the purge date has passed, the check will indicate either that a record "may or may not exist" OR that it is "not cleared." If a full record is then requested, it will show that a discharge was given. Individuals who received a discharge before July 24, 1992, can have their record purged from the system by submitting their request in writing to the RCMP, whose address can be found at the end of this document. Discharges given before this date will be not removed automatically.

Note: There have been instances where absolute and conditional discharges have not been removed from the CPIC system after the specified time period. In such cases, the individual's criminal record check has come back "not cleared" or stated that a "record may or may not exist." If this occurs, the individual should notify local police, who will forward a letter to RCMP Head-quarters in Ottawa informing them of the error and requesting that the discharge be removed from CPIC.


資料來源:

http://www.johnhoward.ab.ca/PUB/A5.htm#Q7

個人會建議您直接與您所在州的檢察官辦公室聯繫,他們應該可以告訴您應該如何處理.