- Ontario recognizes three official types of police record checks under the Police Record Checks Reform Act, 2015: Criminal Record Check, Criminal Record and Judicial Matters Check, and Vulnerable Sector Check.
- A basic Criminal Record Check generally only discloses convictions — not withdrawn, dismissed, or stayed charges.
- Summary conviction offences can generally only be disclosed for five years on a basic Criminal Record Check, absent a record suspension.
- A Vulnerable Sector Check is the most comprehensive and, in narrow, exceptional circumstances, can disclose non-conviction information.
- Most non-conviction information — being a victim, witness, or having non-criminal mental health-related police contact — is legally protected from disclosure under Ontario law.
- A record suspension (pardon) removes most convictions from standard background check results, though certain sexual offences remain an exception for vulnerable sector positions.
The Short Answer: It Depends on the Type of Check
Whether a criminal charge shows up on a background check in Ontario depends on two things: what actually happened with the charge (conviction, withdrawal, discharge, or acquittal), and which of the three official types of police record check is being run. A basic check and a comprehensive check can produce very different results for the exact same person.
Ontario regulates this area specifically through the Police Record Checks Reform Act, 2015, which sets out exactly what can — and cannot — be disclosed at each level.
The Three Official Types of Background Checks
Ontario law recognizes exactly three types of police record checks, each disclosing progressively more information:
| Check Type | What It's Used For |
|---|---|
| Criminal Record Check | General employment screening |
| Criminal Record and Judicial Matters Check | Positions requiring a higher level of scrutiny |
| Vulnerable Sector Check | Roles involving children or other vulnerable persons |
1. Criminal Record Check
This is the most basic and most commonly requested check. It generally discloses only convictions that are not subject to a pardon or record suspension.
Summary conviction offences can generally only be disclosed on a Criminal Record Check for five years. Indictable convictions generally remain until a record suspension is obtained.
Withdrawn charges, dismissed charges, and stayed charges are not disclosed on this type of check.
2. Criminal Record and Judicial Matters Check
This more detailed check includes everything on a basic Criminal Record Check, plus additional judicial information, such as:
- Outstanding charges and warrants
- Certain judicial orders
- Peace bonds
- Absolute and conditional discharges (for a period of time)
Non-conviction information, such as withdrawn or dismissed charges, is still generally not authorized for disclosure at this level.
3. Vulnerable Sector Check
This is the most comprehensive check, used for positions involving direct contact with children or other vulnerable persons. It includes everything in a Criminal Record and Judicial Matters Check, plus, in narrow circumstances:
- Certain pardoned sexual offences, which remain flagged even after a record suspension for vulnerable sector purposes
- Non-conviction information — but only where a strict legal test for “exceptional disclosure” is met
Non-conviction information can only be disclosed on a Vulnerable Sector Check where the charge relates to a specific offence type set out in regulation, the alleged victim was a child or vulnerable person, and the police record check provider has reasonable grounds to believe the individual has shown a pattern of predatory behaviour posing a risk of harm. This is a high bar, not a routine disclosure.
What Is Legally Protected From Disclosure
Regardless of which check is run, Ontario law specifically protects certain information from ever being disclosed, including:
- Being a victim or witness of a crime
- Non-criminal police contact during a mental health crisis
- Most withdrawn, dismissed, or stayed charges (outside the narrow vulnerable sector exception)
What Happens to Discharges?
An absolute or conditional discharge means a person was found guilty (or pleaded guilty) but the court determined that formally registering a conviction was not in the public interest, given the circumstances. Discharges can appear on a Criminal Record and Judicial Matters Check or Vulnerable Sector Check for a period of time, but do not create a criminal conviction and are not disclosed on a basic Criminal Record Check.
What Happens to Withdrawn or Dismissed Charges?
In most cases, a charge that was withdrawn by the Crown, dismissed by a court, or resulted in a stay of proceedings is non-conviction information and will not appear on a Criminal Record Check or a Criminal Record and Judicial Matters Check. It can only surface on a Vulnerable Sector Check, and only where the narrow exceptional disclosure test described above is met.
A person is charged with a minor offence, but the Crown withdraws the charge after they complete a diversion program. When they later apply for a standard job requiring a Criminal Record Check, the withdrawn charge will not appear. If they instead apply for a role requiring a Vulnerable Sector Check, it generally still will not appear unless the specific, narrow exceptional disclosure criteria are met.
The Effect of a Record Suspension (Pardon)
A record suspension (formerly called a pardon) removes a conviction from the CPIC database, meaning it will not appear on standard Criminal Record Checks or Criminal Record and Judicial Matters Checks. The main exception involves certain sexual offences, which can remain flagged and disclosed on Vulnerable Sector Checks even after a record suspension has been granted.
See our complete guide to record suspensions (pardons) in Ontario, including eligibility, waiting periods, and how to apply.
Comparison Table: What Shows Up Where
| Information | Criminal Record Check | Criminal Record & Judicial Matters Check | Vulnerable Sector Check |
|---|---|---|---|
| Active, unpardoned convictions | Yes | Yes | Yes |
| Discharges (time-limited) | No | Yes | Yes |
| Peace bonds & outstanding warrants | No | Yes | Yes |
| Withdrawn/dismissed charges | No | No | Only if exceptional test is met |
| Pardoned sexual offences | No | No | Can still be flagged |
| Being a victim or witness | No | No | No |
What to Do If Something Shows Up Incorrectly
- Request your own record check to see exactly what is being disclosed.
- Confirm the disposition of the charge — conviction, discharge, or withdrawal — since this determines what should legally appear.
- Raise any discrepancy directly with the police service that conducted the check if information appears that should not be disclosed under the Police Record Checks Reform Act, 2015.
- Consider whether a record suspension applies to your situation if you have an old conviction still affecting you.
Concerned about what a past charge might show on a background check? Call our Toronto criminal defence lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
Generally, no. Under Ontario's Police Record Checks Reform Act, 2015, non-conviction information — including withdrawn, dismissed, or stayed charges — cannot be disclosed on a basic Criminal Record Check or a Criminal Record and Judicial Matters Check. It can only appear on a Vulnerable Sector Check, and only in narrow, exceptional circumstances involving specific offence types and a documented pattern of risk.
It depends on the type of check and how much time has passed. A discharge can appear on a Criminal Record and Judicial Matters Check or a Vulnerable Sector Check for a period of time, but generally does not appear on a basic Criminal Record Check. After the applicable retention period, and provided there are no further offences, a discharge is generally removed from the automated records.
In most cases, yes. A record suspension removes a conviction from the Canadian Police Information Centre (CPIC) database, meaning it will not appear on standard Criminal Record Checks or Criminal Record and Judicial Matters Checks. However, certain sexual offences remain flagged and may still be disclosed for positions involving vulnerable sector checks, even after a record suspension.
A Criminal Record Check discloses only convictions not subject to a pardon or record suspension. A Vulnerable Sector Check is far more comprehensive — it includes everything on a Criminal Record and Judicial Matters Check, plus, in narrow circumstances, certain pardoned sexual offences and specific non-conviction information, and generally requires fingerprint verification.
For a basic Criminal Record Check, summary conviction offences can generally only be disclosed for five years. Indictable offences generally remain until a record suspension is obtained. More comprehensive checks (Criminal Record and Judicial Matters Check, Vulnerable Sector Check) may show information for longer periods, subject to the specific rules under the Police Record Checks Reform Act, 2015.
No, generally not through an official police record check. Ontario's Police Record Checks Reform Act, 2015 specifically restricts disclosure of most non-conviction information, and an arrest with no resulting charge is not something that would typically appear on any of the three official check types.
Organizations working with children or other vulnerable persons commonly require a Vulnerable Sector Check for any role involving direct, unsupervised contact, regardless of how minor the position might otherwise seem — this is a standard requirement across schools, community organizations, and similar settings.
No. Ontario's Police Record Checks Reform Act, 2015 explicitly protects this information from disclosure. Having contact with police as a victim or witness should never appear on any of the three official types of police record checks.
A peace bond can appear on a Criminal Record and Judicial Matters Check or a Vulnerable Sector Check, though not on a basic Criminal Record Check, since it does not involve a conviction. See our dedicated guide on peace bonds in Ontario for more detail on how they work and their long-term effect on your record.
You can request your own police record check through your local police service or an authorized third-party provider to see exactly what would be disclosed. If you believe your record contains an error or something that should not be disclosed under the Police Record Checks Reform Act, 2015, you can raise this directly with the police service that conducted the check.
A record suspension removes the relevant conviction from the CPIC database, but it does not guarantee instant removal from every local or third-party record. If you find outdated information appearing after receiving a record suspension, you should raise the issue with the relevant police service or the Parole Board of Canada.