People often use the phrase "criminal record" loosely, sometimes to describe anything that has ever touched their contact with police. In Canadian law, though, a criminal record has a fairly specific meaning. This guide explains what generally makes up a criminal record in Canada, how it connects to the Canadian Police Information Centre (CPIC), and why being charged with an offence is not, by itself, the same as having a criminal record. It is general information only and does not replace legal advice about a specific situation.
This distinction matters because the presumption of innocence is a foundational principle of Canadian criminal law. A person who has been charged is legally presumed innocent unless and until the Crown proves guilt, and the record-keeping system generally reflects that principle: a charge on its own does not create a criminal record.
What Makes Up a Criminal Record
In general terms, a Canadian criminal record consists of convictions and findings of guilt for Criminal Code or other federal offences, along with related identifying information such as fingerprints. It is generally built and maintained through a national system rather than existing as a single physical document, and it is generally accessed by requesting a criminal record check rather than by looking up a standalone file.
A discharge, whether absolute or conditional, is a related but more limited category. It involves a finding of guilt without a formal conviction, and it is treated differently on a record than a conviction is. This is discussed in more detail on our page about discharges and criminal records.
How CPIC Fits In
The Canadian Police Information Centre, generally known as CPIC, is a national computer system operated by the RCMP on behalf of police services across the country. It generally stores and makes available information used by law enforcement, including data connected to convictions and findings of guilt. When someone refers to "having a record" in the criminal sense, they are generally referring, at least in part, to information that would show up through this system.
CPIC is not limited to conviction information; it also supports other policing functions, such as flagging outstanding warrants or certain judicial orders. For present purposes, though, the important point is that a formal criminal record, in the conviction sense, is generally tied to this system rather than to informal notes a particular police service might keep on file.
Why a Charge Alone Is Not a Criminal Record
Being charged with a criminal offence means police or the Crown believe there are reasonable grounds to proceed, but a charge is an allegation, not a legal finding. Under Canadian law, an accused person is presumed innocent unless and until guilt is proven, generally in court or through a guilty plea. Consistent with that principle, a charge that is withdrawn, stayed, or results in an acquittal does not, on its own, create a criminal record.
Being charged is not the same as being convicted. A criminal record, in the sense most people mean, generally requires a conviction or a finding of guilt, not simply an allegation.
This does not mean a charge disappears without a trace. Local police services can generally retain their own file about an investigation, even where it does not lead to a conviction, and in some situations that information can surface on broader background checks. That distinct topic is covered in more depth on our page about broader police records.
Convictions and Findings of Guilt
A criminal record is generally created once a person is convicted, whether that happens through a guilty plea or a finding of guilt after a trial. Once that step occurs, the offence and outcome are generally recorded and can appear on a criminal record check going forward, subject to any later record suspension. Our page on findings of guilt looks at this process in more detail, including how it differs from simply being charged.
Discharges sit in a related but distinct category. A court that grants an absolute or conditional discharge is making a finding of guilt without entering a formal conviction, and the resulting record entry is generally treated differently, including generally being removed from CPIC after a set period. See our dedicated page on discharges for more detail on that timeline.
What Generally Does Not Appear on a Criminal Record
Several categories of information generally fall outside a criminal record in the strict sense, even though they may be connected to an earlier interaction with the justice system:
- A charge that was withdrawn by the Crown before trial
- A charge that resulted in a stay of proceedings
- A charge that ended in an acquittal after trial
- General police contact that never led to a criminal charge
This information is often described as "non-conviction information." It is generally treated differently from a criminal record, though it is not always invisible to every type of background check, which is one of the more misunderstood aspects of this area.
Criminal Records vs. Broader Police Records
A "criminal record," in the sense discussed above, is generally distinct from the broader universe of records an individual police service may hold. Local police services generally keep files on investigations, occurrence reports, and other contacts that do not necessarily rise to the level of a CPIC-based criminal record. Depending on the type of background check requested, some of this broader information can sometimes be disclosed even without a conviction.
This distinction is significant enough that we cover it separately and in more depth on our page about police records versus criminal records, which also discusses the kinds of checks where this broader information is more likely to surface.
How Long Information Can Stay on a Record
A conviction generally remains part of a person's criminal record indefinitely unless a record suspension, formerly called a pardon, is granted. Discharges are treated differently and are generally subject to automatic removal from CPIC after a set period, though the specific rules and any exceptions are worth confirming for a particular situation. Our pages on discharges and record suspensions go into these timelines in more detail.
Checking or Correcting Your Own Record
A person can generally request their own criminal record check, often through their local police service or an RCMP-accredited third-party provider, which can be useful for confirming exactly what does or does not appear. If information on a record check seems inaccurate, incomplete, or outdated, a lawyer can generally help figure out what avenue exists to address it, whether that involves the police service that holds the record or a broader process such as a record suspension application.
Frequently Asked Questions
Does getting arrested give me a criminal record?
An arrest by itself does not create a criminal record. A criminal record, in the sense most background checks are concerned with, generally requires a conviction or a finding of guilt.
If my charge was withdrawn, do I have a record?
Generally not, in the sense of a CPIC-based criminal record. However, local police may still hold information about the file, which is a separate issue covered on our police records page.
What is CPIC?
CPIC, the Canadian Police Information Centre, is the national police database system, operated by the RCMP, that generally underlies formal criminal record checks in Canada.
Does a discharge count as a criminal record?
A discharge is treated differently than a conviction and is generally subject to automatic removal from CPIC after a period of time. See our page on discharges for more detail.
Can I find out what is on my own record?
Yes, generally by requesting a criminal record check through a local police service or an accredited provider, which is a useful way to confirm exactly what does or does not appear.
Does a criminal record ever go away on its own?
A conviction generally does not disappear on its own, though a record suspension may be available after a waiting period. Discharges are generally subject to automatic removal from CPIC after a set period.