Police Records Searches
June 2007
Disclaimer: This Infoguide following is intended
for use as general information and is prepared for purposes of convenience
only. It is not to be relied upon as legal advice or legal authority.
If you have inquiries as to legal proceedings, or if you would like
more detailed information regarding legislation, you should consult
a lawyer.
What is a police record?
- A police record, also known as a vulnerable persons check or screening form, is different from a criminal record. A criminal record will show any convictions a person has received. A police record may show much more information. For example, a police record is created any time you are actively involved with the police. Even if you have never been charged or convicted of an offense but were questioned by the police there may be a police record.
- If the police take you to a hospital or if they transfer you between hospitals, there may be a police record.
Police Record Searches for Employment and Volunteering
- An employer or a volunteer agency may want you to complete a police and/or criminal record search at the time you are applying for a position. Even if you have been in a position for some time, you may be asked to agree to a records search.
- The checks are completed for safety reasons, particularly where the agency works with children or other vulnerable persons.
- Your employer or volunteer agency must have your consent to complete a police record check. A search cannot be done without your consent.
The police have taken me to the hospital. Will it show up on a police record check?
- Any involvement with the police, including transfer to the hospital, may be recorded in police files. Generally, the police will complete an "incident report" whenever they take someone to a hospital or transfer the person between hospitals. An incident report may show up on a police check.
What information does my employer/ volunteer agency receive from the police?
- If a person has no history with the police, the record check will be returned to the employer as "clear". If there is a history, the employer or volunteer agency will be notified that the record shows a history. Depending on the police service, details of the record may or may not be provided.
- If an employer or volunteer agency receives a report from the police that the record is not clear, they will probably ask you for details.
What do I tell my employer?
- You are not required to tell your employer or a volunteer agency anything about the circumstances of the incident if you do not wish to do so. However, not explaining the circumstances may affect whether you get the job, placement or continued employment.
How long will the police record last?
- Different police forces have different rules as to the retention of records. Generally records are kept for 5 years.
Can I have the police record destroyed or altered?
- There is no process for destroying or altering police records before the specific time period for destruction.
- If the records are inaccurate, you may be able to request that the record be corrected by the police service that entered the information.
- The police also have the discretion not to include some information if, in their opinion, the information is not relevant to the record search being done by the volunteer agency or employer. You may request that your medical history be excluded.
What can I do if the police will not destroy or exclude my medical information?
- Make a police complaint about the inclusion of your personal health information in the police records check. Complaints should be made in writing and directed to the Ontario Civilian Commission on Police Services (OCCOPS). You can call them toll free at: 1-888-515-5005 or in Toronto at: 416-326-1189. You can also visit their website at: www.occps.ca. The complaint is usually investigated by the division that holds your records.
- Make a human rights complaint to the Ontario Human Rights Commission. The Commission investigates the conduct of a number of service agencies, including the police, where the conduct discriminates against persons with a disability. To start a complaint, call the Commission toll free at: 1-800 387-9080 or in Toronto at: 416-326-9511. You can view their website at: www.ohrc.on.ca/en.
- You may also wish to make a complaint to the Office of the Information and Privacy Commissioner of Ontario under the Personal Health Information Protection Act if your personal health information has been included in the search. You can contact the Commissioner toll free at: 1-800-387-0073 or within Toronto at: 416-326-3333.
How do I know what is on the police record?
- You may request a copy of the record from the police service in the municipality where you reside. You may have to file separate requests with other police services if you have lived or had contact with the police in other areas.
- Most police stations have pre-printed forms to fill out and you may have to pay a small fee.
- However, some police services will not release the information unless you are applying for an employment or volunteer position that has signed an agreement with the police service.
Need help?
- The Mental Health Police Records Check Coalition, a group of stakeholders, believes that the disclosure of non-criminal mental health information is discriminatory. More information about the Coalition and its work can be found at:
/www.ppao.gov.on.ca/sys-pol.html. - The Information and Privacy Commissioner has prepared a document about police records checks which can be found at:
http://www.ipc.on.ca/images/Resources/up-1policebkg.pdf. - If you have questions, contact your local Patient Advocate or call the Psychiatric Patient Advocate Office at 1-800-578 2343.
