Are you eligible for an exception to the imposition of a criminal record?
A sentence for a criminal offense normally means you will have a criminal record, whether the sentence itself is a fine, community work or imprisonment. This additional consequence can represent significant problems if your employer verifies its presence, as many professional orders do.
Section 730 of the Criminal Code, the law that applies to any criminal offense in Canada, dictates there can be an exception to the imposition of a criminal record after a guilty plea or guilty verdict. In order to get such a discharge, you must meet several criteria. Primarily, the offense must not be one for which a minimum punishment is prescribed by law, or punishable by imprisonment for fourteen years or for life. Furthermore, the accused must demonstrate a discharge is in his best interest and is not contrary to the public interest. Finally, the case’s specifics and the accused’s priors will be a significant factor.
For more information, do not hesitate to contact me.