When you apply for a criminal record check, “stayed charges” may or may not appear in your Criminal Record Certificate. We would like to think the regulations would be clear as to what does and doesn’t appear in a criminal record check. The results of a criminal record check could change the course of a person’s life and career.
The fact is, Manitoba police agencies have no statutory framework to use as guidelines on how charges that result in a non-conviction are to be disclosed. The police agencies create their own guidelines that generally comply with Provincial Freedom of Information, The Protection of Privacy Act, and the Police Services Act.
Stayed Charge – the definition of a “stayed charge” is a criminal charge that has been placed on hold and prosecution is discontinued. The charges that are stayed can be prosecuted within one year of the stay of proceedings. Typically, this can happen if new charges are laid.
An article from 2018 CBC article describes how a Winnipeg man Mr. Michael Kalo, lost his job due to changes in reporting seen on his Winnipeg Police Services criminal record check. A once clean record now came back with stayed charges. Kalo took the City of Winnipeg to court and won his case Court of Queen’s Bench. The City of Winnipeg has since appealed and The Court of Appeal ordered a new hearing for Michael Kalo.
How to Remove Non-Conviction Record?
There are time limits on the automatic removal of conditional discharges and absolute discharges of 3 years and 1 year. Most other non-conviction charges require you can apply for a “file destruction” with the applicable police agency.
Will Non-Convictions Appear on Your Record?
Old criminal charges and police records present unique situations. To know what is required to clear your record of any charges, we offer a free private consultation by phone or in person to assess your case. Simply call us at 204-453-0099.