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How long does a conviction stay on your record?
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PostPosted: Wed Jan 25, 2012 12:02 am 
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I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)

Just curious how long a HTA conviction stays on record (both on MTO and insurance) and does the "clock" start from the offence date or conviction date?

Thanks.


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Re: How long does a conviction stay on your record?
PostPosted: Wed Jan 25, 2012 12:36 am 
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OK, I think I found the answer buried in several old threads:

1. a. Record will stay forever on the database of the police agency that charged the offender (with the exception of the RCMP which is governed by federal retention rules. I would imagine this rarely applies in Ontario though, since the RCMP patrols relatively few roads in Ontario, compared to other provinces*).
b. is removed from the MTO's driver abstract after 3 years BUT it's not clear if this is 3 years after offence date or conviction date.

2. Insurance companies retain the offence for 3 years from date of conviction.

Can anyone confirm/clarify or is this way off base? Thanks.

*this is my note


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Re: How long does a conviction stay on your record?
PostPosted: Wed Jan 25, 2012 12:51 am 
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Tickets come off of your abstract at three years. There are different types of abstracts, however. The three year abstract is the regular one, and if you apply for a job somewhere, it's going to be the one they request. Demerit Points come off of your abstract at 2 years. I think the next one is a 5 year abstract which has some more detailed info on it, and you can also order a complete abstract of your entire driving for approx 50$ by mailing in a request to the MTO. Here's the link - http://www.mto.gov.on.ca/english/dandv/ ... cord.shtml

It's from the conviction date (so the date you either a) pay the charge or b) plead guilty/get convicted in court). So you could choose to take your ticket to court and draw out the process, to delay having it go on your insurance for another year, if you felt so inclined (for example).

With Insurance companies, it depends. For the most part it's 3 years for tickets, but they may keep track of it for longer (the company may give extra deductions for having a clean record for longer, as one example). Suspensions are 6 years, accidents could be from anywhere to 5-10 years depending on the company. It's best to call your current company and find out.


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Re: How long does a conviction stay on your record?
PostPosted: Wed Jan 25, 2012 12:59 am 
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Many thanks manwithaplan.


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Re: How long does a conviction stay on your record?
PostPosted: Wed Jan 25, 2012 7:58 am 
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G35Dalf wrote:
1. a. Record will stay forever on the database of the police agency that charged the offender (with the exception of the RCMP which is governed by federal retention rules. I would imagine this rarely applies in Ontario though, since the RCMP patrols relatively few roads in Ontario, compared to other provinces*).

Negative - normal every day tickets do NOT get recorded on police record, only if there is an incident (ie. traffic complaint) will police update their own database with a charge to clear the incident, in no way is this a driving record

Quote:
b. is removed from the MTO's driver abstract after 3 years BUT it's not clear if this is 3 years after offence date or conviction date.

Tickets remain on the MTO database for LIFE, to which the police and Prosecutors have the ability to use for trial purposes
Demerit points stay on record for 2 yrs from date of conviction

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: How long does a conviction stay on your record?
PostPosted: Thu Jan 26, 2012 3:15 pm 
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Much thanks for the clarification hwybear.
I have heard that some agencies record highway tickets in their systems - sometimes bulk loaded. Although this may not constitute a driving record, it still is a record of offences, no? Thks again.


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Re: How long does a conviction stay on your record?
PostPosted: Thu Jan 26, 2012 4:02 pm 
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I would say most agencies do have a local record system for keeping track of tickets issued, but it's not something that insurance companies look at. Since various agencies use different software, there's no easy way to access all of them. As well, most of the systems I'm familiar with only record tickets issued, not the outcome in Court, so it wouldn't be an accurate conviction record. The MTO central database should be the most accurate and complete source.


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Re: How long does a conviction stay on your record?
PostPosted: Thu Jan 26, 2012 4:52 pm 
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Stanton wrote:
As well, most of the systems I'm familiar with only record tickets issued, not the outcome in Court, so it wouldn't be an accurate conviction record.


Thanks Stanton. I think this point clarifies it for me - the disposition of the infraction is not included so this would not be helpful in court, but more of an indication of an offenders past. As hwybear said, what is on the MTO db is for life and relevant to courts and police.

Thanks to all.


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Re: How long does a conviction stay on your record?
PostPosted: Fri Jan 27, 2012 12:37 am 
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hwybear wrote:
Tickets remain on the MTO database for LIFE, to which the police and Prosecutors have the ability to use for trial purposes
Demerit points stay on record for 2 yrs from date of conviction


Sorry G35Dalf, I sort of confused my thoughts when I posted originally. The three year abstract is the most common way of discerning your driving records for purposes of employment (as it depicts your driving history for the last three years, only). They (infractions) do stay on your record for life, which is what I was referring to when I mentioned the abstract that you can request from the ministry for around $50, that has your whole driving history. Thanks hwybear.


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Re: How long does a conviction stay on your record?
PostPosted: Fri Jan 27, 2012 12:15 pm 
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Just curious; does anyone know if a person can apply to have their driving record expunged after the three or five year time frame?

Thanks


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Re: How long does a conviction stay on your record?
PostPosted: Fri Jan 27, 2012 12:20 pm 
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No, conviction history is for life. The only way to get a conviction removed would be to have it overturned or shown it was added in error (i.e. someone impersonating you).


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