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?
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.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.
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!
http://www.ontla.on.ca/web/bills/bills_ ... l_the_bill