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Under Section 4(2) of the Criminal Records Act (CRA), a person is ineligible to apply for a record suspension if he or she has been convicted of an offence referred to in Schedule 1 (sexual offence involving a child) of the Act with certain exceptions.
SOME DEFINITIONS
Withdrawn
The charges were withdrawn in court and it did not go to trial. Usually, the person shows up at court and the prosecutor or the ‘Crown’ (Queen’s lawyer) asks that the charge be withdrawn (thrown out).
Acquittal
The individual has been proven innocent of an offence.
Dismissed
The case has been closed or thrown out because there is not enough information to continue with formal proceedings.
Stayed
Where there is not enough evidence to immediately withdraw the charges but evidence may arise in the near future. Although the offender is found not guilty, their file is not 100% closed for one year.
Peace Bond
The charges were withdrawn in court and it did not go to trial. A peace bond means that the court ordered the person to be of good conduct and usually imposed conditions, such as the client must stay away from the person they were harassing. Peace bonds are often ordered in domestic or harassment situations.
Absolute Discharge
In this case the person went to court and was not convicted. They were found guilty by the judge but no punishment was ordered.
Conditional Discharge
In this case the person went to court and was not convicted. They were found guilty by the judge and a punishment was ordered (often probation, community service or a fine).
Convictions
A conviction means that the person went to court, was found guilty and was convicted.
Personal Injury
A personal injury offence is one that falls under Section 752 of the Canadian Criminal Code.
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