Discharges and security clearance in Canada
January 6, 2011 6:39 PM Subscribe
What effect will a conditional discharge, completed and expunged from my record, have on my ability to work as a contractor for a Canadian government agency?
I know nobody here is anyone's lawyer and I am not asking for or accepting legal advice.
In 2001, I received a conditional discharge for two counts of theft and two counts of possession of stolen property. I was sentenced to 30 hours community service and two years probation, which I completed successfully. As per the Criminal Records Act, my conditional discharge became an absolute discharge and my record was expunged three years after I completed my sentence. I have confirmed this because I had to undergo a criminal records check when I obtained employment with an agency that works with children. The form came back showing no record at any level, including CPIC, outstanding charges, discharges or nonconvictions/charges of any disposition. So far, so good.
Fast forward to today, where I have just accepted a job offer for which a criminal record check was a prerequisite. However, I just learned that it's not actually a criminal record check, but some kind of security clearance consent form that I must fill out. This is needed because the company that hired me does contract work in a federal prison. I am concerned that even though my record is gone, something might still show up somewhere and cost me the job.
Receiving a conditional discharge means I was able to honestly answer that I have never been convicted of a crime that I was not pardoned for, in accordance with Canadian law. I am going in tomorrow to get the form filled out and sent in to Corrections Canada. Am I likely to receive a nasty surprise come Monday morning?
I know nobody here is anyone's lawyer and I am not asking for or accepting legal advice.
In 2001, I received a conditional discharge for two counts of theft and two counts of possession of stolen property. I was sentenced to 30 hours community service and two years probation, which I completed successfully. As per the Criminal Records Act, my conditional discharge became an absolute discharge and my record was expunged three years after I completed my sentence. I have confirmed this because I had to undergo a criminal records check when I obtained employment with an agency that works with children. The form came back showing no record at any level, including CPIC, outstanding charges, discharges or nonconvictions/charges of any disposition. So far, so good.
Fast forward to today, where I have just accepted a job offer for which a criminal record check was a prerequisite. However, I just learned that it's not actually a criminal record check, but some kind of security clearance consent form that I must fill out. This is needed because the company that hired me does contract work in a federal prison. I am concerned that even though my record is gone, something might still show up somewhere and cost me the job.
Receiving a conditional discharge means I was able to honestly answer that I have never been convicted of a crime that I was not pardoned for, in accordance with Canadian law. I am going in tomorrow to get the form filled out and sent in to Corrections Canada. Am I likely to receive a nasty surprise come Monday morning?
My understanding is that you're fine in Canada, especially for the sort of clearance it sounds like you're going for. If you were doing "top secret" clearance--going to work for certain parts of CSIS, for example--they will dig up everything about you, including stuff you don't even know. (And even then, "I was a stupid kid" will get you past what they find.)
But for this? You followed the law and did your penance, and it's expunged from your record. You've got nothing to worry about.
(IANAL, etc etc)
posted by criacow at 7:52 PM on January 6, 2011
But for this? You followed the law and did your penance, and it's expunged from your record. You've got nothing to worry about.
(IANAL, etc etc)
posted by criacow at 7:52 PM on January 6, 2011
You're going for the lowest status, Reliablity Status (RS), yes? That's a criminal records, citizenship and credit check. I cannot say with certainty, but I've known people with minor offences to pass the RS level, especially if it's in the past as yours are. I suspect you will get through fine, but that is a judgement call that CSIS will have to make.
And it won't be Monday morning. Checks take several weeks to process. You'll be given the job conditional on receiving clearance later.
posted by bonehead at 8:07 PM on January 6, 2011
And it won't be Monday morning. Checks take several weeks to process. You'll be given the job conditional on receiving clearance later.
posted by bonehead at 8:07 PM on January 6, 2011
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Most interesting/informative is the link to appealed security clearance decisions for the Department of Defense. Long story short: as long as you don't have an affinity for debts, drugs, children, or whores, you don't have much reason to worry.
What these decisions also clearly show, though, is that having a clean criminal record is neither necessary nor sufficient to gain security clearance. Convicted felons can end up entirely rehabilitated and pose no risk whatsoever, whereas, conversely, the cleanest person on paper may have plenty of dirty secrets that would pose a massive blackmail (and thus security) risk.
posted by astrochimp at 7:36 PM on January 6, 2011 [1 favorite]