How Long Does a DUI Show Up on a Background Check in Canada?

One of the possible consequences of a DUI (or an impaired driving/over 80) conviction in Canada is a criminal record.

Some impaired driving incidents in provinces with immediate roadside sanctions programs do not result in criminal charges. However, under the Criminal Code of Canada, you can be charged and convicted if you drive impaired by alcohol or drugs, drive over the legal limit or refuse to provide a breath sample,

In Canada, a DUI conviction will remain on your criminal record indefinitely unless you apply for a pardon and record suspension.  Even then, it may be visible to some authorities. A permanent criminal record can impact many areas of your life and the consequences should not be underestimated.

What happens if you’re convicted of DUI in Canada?

If you are arrested and charged with impaired driving, driving over 80 or refusal in Canada and you either admit guilt or are found guilty, the conviction will appear on your criminal record. You will also be subject to a range of other harsh penalties, such as license suspension, fines, and in some cases, jail time.

The majority of DUI cases are prosecuted as summary offences, for which there is a maximum sentence of two years in jail. If it is your first offence and nobody was injured in the DUI incident—and you have competent legal representation—spending time behind bars is unlikely.

Long-term consequences of a DUI conviction in Canada

For many people convicted of DUI in Canada, the longer-term consequences of a criminal record are even more severe than the fines and license suspensions. The impact may extend to employment, education, travel, immigration status, insurance premiums—and even custody arrangements in a divorce.

The only way to clear the conviction from your criminal record is to seek a pardon and have the record suspended.

How will a DUI affect my driving record?

If you are convicted of impaired driving, driving over 80 or refusing to provide a sample, you will lose your driver’s licence. The driver’s licence suspension length depends on the circumstances and whether you have prior convictions.

The DUI record will remain on your driving record with the DMV (Department of Motor Vehicles) indefinitely. An employer who needs to check your driving record, for instance, will have visibility of the record on the DMV database.

The impact of a lifelong criminal record

If a background check (criminal record check) is performed by an employer, educational institution or other interested party, a DUI arrest, charge, and conviction will show up for the rest of your life unless steps have been taken to “suspend” the record.

This can affect your ability to secure employment, voluntary work or education. In some situations, it can even affect custody judgments made during divorces. For non-Canadian citizens, the record may also affect your immigration status. Insurance rates are highly likely to increase for DUI-convicted individuals too, due to a perceived increased risk—and options may be limited as some companies may outright refuse to insure such individuals.

Canadians travelling to the U.S. may also face awkward delays or entry refusal by the United States Customs and Border Patrol.

How do you get a record suspension in Canada?

The only way to get a DUI off your criminal record in Canada is to apply for a pardon. Different provinces in Canada have different rules about when you can apply for a pardon or “record suspension”.

In Alberta, for instance, you can usually apply for a pardon five years after you have served your sentence, completed probation, and paid all of the fines related to the conviction—unless it was an indictable offence, which incurs a 10-year waiting period.

To apply for a pardon, you will need to request that the Parole Board of Canada remove the conviction from your criminal record. Most people seek the assistance of a lawyer with experience in pardon applications because of the complexity and volume of documentation required.

If the pardon is granted, the DUI conviction will effectively be removed from criminal record databases with the RCMP. The conviction will no longer be visible on standard background checks but some authorities (such as law enforcement and prosecutors) may still be able to access the record of the DUI conviction.

The process of obtaining a pardon can take 12-18 months so you’ll need to be prepared and patient.

Do I still have a criminal record if I wasn’t convicted?

It surprises some people that f you were arrested and charged with impaired driving, driving over 80 or refusal—but not convicted—the charge itself will still show up on a criminal background check.

Despite the absence of a conviction, certain details will appear on your record if you are found not guilty, charges are withdrawn or dismissed, and even with stays of proceedings. Included in the background check information will be your photo, fingerprints, and the details of the charge.

Anyone performing a standard background check can see that you were arrested even if you never faced charges, which can lead to some awkward questions.

The only way to remove these records is to apply for a “file destruction”. If successful, all files relating to the historical charge will be destroyed and no longer visible on the database and the fingerprints and photos will also be removed.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.