If You Are Arrested and Then Released Without Charges, Do You Have a Record?

In BC if you are arrested, and then released without charges, the question of whether or not you have a record is a murky one. The answer is it depends. In today’s blog article we are going to explore the nuances.

Technically, a criminal record is the paper or digital trail left behind when someone is convicted of a crime. So, if you are not convicted of a crime, you do not have a criminal record. However, there are records that do exist after a release even if you are not charged and not convicted.

What may be left behind are police occurrence reports that is the documentation that were arrested even if you were then released without charges (and never found guilty of anything.) There may also be fingerprints or photos.

The RCMP has what is called the Canadian Police Information Centre (CPIC), and the RCMP keep their own records. In addition, local non-RCMP police forces keep their own records.

For practical purposes, these records can come up if someone is doing a background check on you for employment or for other reasons, on immigration applications, and if you are a foreigner trying to cross the border to enter into Canada. For a foreigner, this is especially problematic, because there is no way to test if you would be allowed into Canada before arriving at the border and facing immigration officers.

It is possible—although not guaranteed—that your records can be removed or purged or destroyed by contacting local police departments and the RCMP. This is something the individual has to pursue, perhaps with the help of criminal lawyer. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.