Blog
Céline Dostaler
The Hidden Consequences of a Criminal Record
When facing a criminal charge, most people worry about going to jail or paying a fine. What many don’t realize is that a criminal record can follow them long after the sentence is complete. It can affect everything from employment and housing to travel, immigration status, and even your relationships.
As a criminal defence lawyer based in Ottawa, I often meet clients who are shocked by the long-term fallout of a conviction—even for relatively minor offences. In this blog, I want to shed light on the hidden consequences of a criminal record in Canada and explain why defending against a charge is crucial to protecting your future.
What Is a Criminal Record in Canada?
A criminal record is an official record of criminal convictions maintained by the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS). Once you’re convicted of an offence under the Criminal Code or other federal statutes, like the Controlled Drugs and Substances Act, your name and fingerprint-based information are stored in the national criminal record database.
Even a summary conviction, which is considered less serious than an indictable offence, can result in a permanent record. For example, a conviction for causing a disturbance (Criminal Code, s. 175) or shoplifting under $5,000 (s. 334(b)) could remain part of your record indefinitely unless a record suspension is granted later on.
Some non-conviction outcomes—like withdrawn charges, discharges, and peace bonds—do not result in a formal criminal record, but they may still appear in police databases and be disclosed in vulnerable sector checks, particularly in Ontario.
Employment Barriers and Career Limitations
A criminal record can be a major obstacle to employment. In many sectors, employers require a criminal background check as a condition of hiring—even for low-wage or part-time jobs. If a record appears, employers may simply move on to the next candidate.
If you work (or plan to work) in a regulated profession—such as teaching, law, policing, healthcare, or accounting—a conviction could jeopardize your ability to be certified or licensed. Some professions may suspend or revoke your credentials altogether.
For public sector jobs and government security clearances, the standards are often even stricter. Federal government agencies, for instance, may deny employment based on a single criminal conviction—even one from years ago.
Even volunteer opportunities can be off-limits if you have a record. Many community organizations, especially those serving youth or vulnerable people, require clear vulnerable sector checks.
Immigration and Citizenship Risks
If you’re a permanent resident or temporary resident in Canada, a criminal record can lead to serious immigration consequences. Under the Immigration and Refugee Protection Act (IRPA), a conviction may lead to inadmissibility, which means you could face removal (deportation) from Canada—even if you’ve lived here for many years.
Some charges, such as domestic assault, fraud, or drug trafficking, are considered “serious criminality” under s. 36 of the IRPA and can make a person ineligible to appeal removal orders. Even less serious offences may delay or bar your citizenship application.
It’s vital for non-citizens to consult with both a criminal defence lawyer and an immigration lawyer when charged with an offence.
Travel Restrictions – Especially to the U.S.
A criminal record in Canada can make international travel difficult or impossible, especially to the United States.
U.S. border officers have access to Canadian criminal records through international databases. If you have a conviction for a drug offence, assault, theft, or any “crime of moral turpitude,” you may be refused entry at the border.
It doesn’t matter if the conviction is old or if you’ve received a record suspension in Canada—the U.S. does not recognize Canadian pardons. In some cases, a U.S. entry waiver may be available, but it’s a complicated and costly process.
Travel to other countries, such as Australia, the U.K., or Japan, can also be restricted or subject to additional visa requirements.
Housing Challenges
Finding housing with a criminal record can be extremely difficult. Landlords often conduct background checks and may refuse to rent to someone with a criminal history—especially for offences involving violence, drugs, or property damage.
Even in Ontario, where the Human Rights Code offers some protection against discrimination, these protections often don’t apply until a person has received a pardon or the record is sealed. This means that until a suspension is granted, housing applications may be denied.
Educational and Licensing Barriers
Some post-secondary programs—particularly those involving placements or practicums—may reject applicants with criminal records. For example:
- Nursing and healthcare programs often require a clean vulnerable sector check.
- Early childhood education, social work, and teaching programs may also bar applicants with a record.
- Even law school graduates with criminal records may face additional scrutiny when applying for articling positions or licensing through the Law Society of Ontario.
These barriers can derail a person’s career path before it even begins.
Impact on Family Law and Parenting
In family law proceedings, a criminal record—particularly one involving violence, substance abuse, or breaches of court orders—can affect your rights to custody and access to your children. Courts may restrict or supervise parenting time if a parent is deemed a risk to the child’s safety or well-being.
Even if your offence was unrelated to your role as a parent, the family court may still consider it relevant to your judgment, reliability, or stability.
Social Stigma and Isolation
Finally, the social impact of a criminal record is often underestimated. People with records may face shame, social exclusion, or discrimination from employers, neighbours, and even family members. It can be difficult to reintegrate into society when labelled as a criminal, even years after serving a sentence.
This stigma can also affect mental health, self-esteem, and the ability to move forward positively in life.
Record Suspensions: Not a Guaranteed Fix
While a record suspension (formerly known as a pardon) can help limit some of these consequences, it is not automatic. You must wait several years after completing your sentence—five years for summary convictions and ten years for indictable convictions—before applying. The process is complex and expensive, and not everyone qualifies.
Even with a suspension, some private databases and foreign governments (such as the U.S.) may still have access to your past charges.
The Importance of a Strong Legal Defence
The best way to avoid these long-term consequences is to avoid a conviction altogether. A skilled criminal defence lawyer can:
- Challenge unlawful police conduct under the Canadian Charter of Rights and Freedoms;
- Negotiate for charges to be withdrawn or stayed;
- Argue for diversion programs, peace bonds, or discharges;
- Help you avoid or limit a criminal record where possible.
Every case is unique, and early intervention can make a significant difference. If you’re charged with a crime in Ottawa, you need legal advice as soon as possible.
Conclusion: Protect Your Future Before It’s Too Late
A criminal record is more than a mark on your file—it can shape the course of your life for years to come. Whether you’re concerned about employment, immigration, family, or your reputation, taking a proactive approach is key.
If you or someone you know is facing criminal charges in Ottawa, don’t wait until it’s too late. I offer confidential, compassionate legal guidance designed to protect your future and fight for the best possible outcome.
Contact me today to book your consultation. You don’t have to face this alone—and you don’t have to carry a criminal record forever.
