B license and criminal record
Hello everyone,
I am trying to obtain my B license and have current pending charge. It is non violent and non sexual charge.
I would like to know what is the ministry point of view of this.
Also, I will be getting an absolute discharge, so will it still be a problem?
Thank you!
Re: B license and criminal record
Effective January 1, 2017, the Ministry of Transportation requires drivers who are applying for a Class B or E licence to obtain a Criminal Record & Judicial Matters (CRJM) Check or equivalent. The CRJM Check will ensure regulatory standards under the Highway Traffic Act are met.
An absolute discharge is still a sentence, which leads me to believe you haven't been sentenced yet. While it is true that a criminal record will not exist for an absolute discharge after a one year period, the charge will remain on record and can be seen in a criminal background check.
Re: B license and criminal record
It won't affect you getting a licence though.
Re: B license and criminal record
I saw this phrase as well but it says nothing of pending charges or anything else, it is really grey rather then black\white.
When I tried to called to licensing department at the MTO, they said to send them by mail the vulnerable sector check from the police.
When I checked with the police, Durham police said that they are not longer put absolute and conditional discharge on those check unless they meet very specific charges (which they say no record of this charges every getting any sort of discharge). Moreover they said after one year - even the police won't have access to the charges as they are deleted from the CIPC (along with my photo and fingerprints) and only the crown prosecutor have access to them.
But my question - is the pending will effect the process of obtaining the license and\or I will have to wait until getting the absolute discharge?
Thank you again!
Re: B license and criminal record
I think it will show up as they are authorized to disclose information on any charges that are still pending, so you may want to wait until after you get the absolute discharge. I've attached a link the law that governs what information can be disclosed and under what circumstances. The chart on the last page offers a handy summery of what will be disclosed and when.
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