Ok, heres the scenario
Several months ago I was giving a friend a ride through a 'not so good neighbor hood' here in Winnipeg. The police said they saw me roll through a stop sign (i didn't but keep reading and you'll see it doesn't matter) they followed the car for about 10 blocks and then blocked us in when we stopped at a gas station for some smokes.
Long story short, they ended up pulling all 3 of us out of the car and searching (without consent, but they said they didn't need it because they thought there was weapons in the car because one of the passengers had a weapons ban and the other was on house arrest IS THIS TRUE?, yes I know be careful of the company you keep). They ended up finding 1/2 a pound of weed and we all got charged for PPT (Possession for Purpose of Trafficking) and funny enough I never did get that ticket for rolling through a stop sign.
Fast forward a few months to yesterday when one of the passengers plead guilty to simple possession and the charges are 'Stayed' for the other passenger and myself.
Now here is where I get a little confused. Now that charges have been 'Stayed', which I thought was dropped but apparently not, these charge will show up on any Criminal Record checks. I am currently looking for employment and am going to be required to complete a criminal record check due to the fact that i will be working with sensitive client information (I'm a programmer). What can I do? :'(
If this is the wrong board please let me know and i will repost in the appropriate board.
Thanks in advance!
Asked over 2 years ago in Winnipeg, Manitoba
Categories:
Reply by Police Officer the shield |
• A criminal history file is created the first time an individual is charged by police. In most cases, it gets reported to the Canadian Police Information Centre (CPIC), a database administered by the RCMP in Ottawa.
• If the charge results in a conviction, a permanent file †a "criminal record" †is created. Cases where there is an acquittal, or charges that are stayed or withdrawn, also remain in the national system but are supposed to be purged after a set amount of time.
You can ask the charging police service to have the stayed or withdrawn charge removed. This can be done for both violent or nonviolent offences at any time after the charge was stayed or withdrawn. It is up to the charging police service whether they agree to make the written request to the RCMP to remove the information.
Charges relating to nonviolent incidents will automatically be removed after five years if no further criminal activity has been recorded, even if no letter is written by the charging police service.
In cases where the withdrawn or stayed charges were for violent offences or where there were other additional charges that were not withdrawn or stayed, a record of the charges will remain on the system until the offender turns 70 if no letter is written requesting removal. If a criminal record check is done before a request for removal has been submitted, the check will indicate that a record "may or may not exist" OR the record will come back "not cleared
Posted over 2 years ago
I am a retired police officer with experience on the Tactical team, Vice Unit,
Major Crime Unit and Drug Squad.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Search
the Lawyer Directory, or use our free Lawyer Referral Service.
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 British Columbia lawyer
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When charges are stayed it means that the Crown is no longer proceeding. They can, in theory, re-proceed within one year, but there must be a valid reason. It is fairly common when one of a group of accused persons enters a guilty plea that charges will be stayed against the rest. If this is the case it is extremely unlike that crown will re-proceed.
In terms of your record a stay of proceedings is the same as being found not guilty as far as the court is concerned. The problem you now have is record keeping. Contacting the arresting officer is one option. If you have a lawyer you may also ask him/her to contact the prosecutor, who will then in turn contact the police officer.
To answer your earlier question a police officer may search your person or your vehicle if he/she has reasonable and probable grounds to believe that there is something of evidentiary value or illegal. In some situations the police can conduct a search for officer safety purposes when they have a lower level of suspicion. For an ordinary person in can be very difficult to know.
If you find yourself faced with an officer wanting to search you property the best plan is not to resist. If you think the search is unlawful take careful not of what is going on and what has happened. If you do not want to be search you should make it clear that you are not consenting to the search, but that you will not resist or obstruct justice.
A passenger on house arrest and another with a weapons ban will likely be red flags to any police officer. Whether or not this makes it a lawful search will depend on a number of other factors that the officer is able to observe. Once again though, the time to sort out the legality of the search is later on in Court. In your case this doesn't really matter, since you have the best possible outcome.
Posted over 2 years ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact John P Gustafson, search
the Lawyer Directory, or use our free Lawyer Referral Service.
 |
British Columbia lawyer |
Posted over 2 years ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact Timothy J Russell, search
the Lawyer Directory, or use our free Lawyer Referral Service.
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