Vulnerable Sector Checks and Police Information Checks are being relied upon more and more by employers and volunteer organizations. While there are some police agencies that will use discretion when determining whether to disclose non-conviction records or other contact with the police, there are still other police agencies that appear to disclose any and all records for a Vulnerable Sector Check or Police Information Check. For many of you, a mark on your Vulnerable Sector Check or Police Information Check could prevent you from gaining employment or could threaten your current employment.
How Can I Find Out If Anything Will Appear On A Vulnerable Sector Check Or Police Information Check?
The only way to know whether any record will appear on either of these background checks is to apply and have the background check completed. Your local police agency will not be able to tell you whether any records will or will not show up on these background checks.
A Non-Conviction Record Appears On My Vulnerable Sector Check / Police Information Check. How Can I Get It Removed?
If a non-conviction record appears on your Vulnerable Sector Check, you must apply to your local police agency to have the record suppressed. The first thing you will need is a copy of your Vulnerable Sector Check which discloses the non-conviction record. You will need to know what factors your local police agency will take into consideration when making a decision whether to suppress your non-conviction record from a Vulnerable Sector Check. This is where a lawyer can assist you and could make the difference between whether you get your record suppressed or not.
When applying for records to be suppressed from a Vulnerable Sector Check, a criminal lawyer is going to be in the best position to know what information you need to include, what information to leave out, and what additional information about yourself, although not required, may be helpful. Equally important, a lawyer will know how to present all this information in an application and will know exactly how to advocate on your behalf to ensure you have the best possible chance of getting your records suppressed.
In circumstances where a non-conviction record appears on your Police Information Check, you may be able to have this record removed by simply applying to have your fingerprints, photographs and record of disposition destroyed with the local police force and the RCMP. Be prepared though, this process may take anywhere from 6 months to 1 year to have completed. You should also remember that even if you have these records destroyed with the local police and the RCMP, these records may still appear on a Vulnerable Sector Check.
What Is A Vulnerable Sector Check?
A Vulnerable Sector Check is the most detailed and comprehensive police background check that can completed. The purpose of a Vulnerable Sector Check is to assist employers and volunteer organizations determine whether there are any concerns with respect to a prospective employee or volunteer working in a position of trust or authority with a vulnerable population. A Vulnerable Sector Check can disclose any prior criminal convictions, any contact a person has had with a local police agency, as well as information about non-conviction records which may have otherwise been destroyed or purged. A Vulnerable Sector Check can also disclose convictions for some sexual offences which a person has received a pardon for.
If you live outside of Toronto, then you can either attend the appropriate police station to obtain a Vulnerable Sector Check form or you may be able to print one from the police agency’s website. If you live in Toronto, you cannot attend a local police station to obtain a Vulnerable Sector Check form. Your employer or volunteer organization will have been provided the application form from the Toronto Police Service. You both must sign the form and then return it to the Toronto Police Service.
What Is A Police Information Check?
Depending on what police agency you are dealing with, a Police Information Check may also be referred to as a Police Background Check or a Criminal Information Request. A Police Information Check will disclose criminal convictions, local records of criminal charges that did not result in a criminal conviction and any other contact you may have had with local police agencies.
Please note that some police agencies also have a Criminal Record Check, which is entirely different from a Police Information Check. A Criminal Record Check only discloses the RCMP’s records for criminal convictions and does not include records of local police contact.
Getting a non-conviction record suppressed or purged from a Vulnerable Sector Check or a Police Information Check can take time in some circumstances. Get started today getting your non-conviction record suppressed. Contact me immediately and arrange a consultation.