How long does a discharge stay in the RCMP file?
Short answer
The Criminal Records Act provides for automatic removal: an absolute discharge is removed from the RCMP file one year after the order, and a conditional discharge three years after the order. No application is needed.
In detail
Section 6.1 of the Criminal Records Act provides that the Commissioner of the RCMP removes from the automated criminal conviction records retrieval system any notation of a discharge once those periods have run out: one year for an absolute discharge, three years for a conditional discharge.
The removal is automatic. Unlike a record suspension, there is no application to file, no fee to pay and no decision to obtain.
Two caveats are worth knowing. First, the periods run from the date of the discharge order, and not from the end of the conditions. Second, the removal applies to the RCMP file: information can remain in local police files, and the court file itself stays.
If an employer or a border officer raises a discharge after those periods, it can be useful to request a criminal record check from the RCMP to see what the file actually contains.
What to document
Note the exact date of the discharge order and work out the removal date (one year or three years later). Keep the court document. If a problem comes up after that date, a recent criminal record check is the document that lets you prove it.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Criminal Records Act, s. 6.1 — Justice Laws Website
- Criminal record check — Royal Canadian Mounted Police
Related questions
- What is the difference between an absolute discharge and a conditional discharge?
- What shows up in my criminal record?
- How do I find out if I have a criminal record?
- Does a withdrawn charge or an acquittal leave a trace?
- Can an employer refuse to hire me because of my criminal record?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.