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View Full Version : Withdrawn theft under $5000 through AMP and Police Information Check/VS check


Girlee
Sep 2, 2014, 08:36 PM
Just wanted a second opinion: I have been arrested of theft under $5000 last May2012. Went through diversion program and finished it on September 2012. My case was then withdrawn October or November of 2012. My lawyer requested for my fingerprint & photograph to be destroyed January of 2013 and I received a letter from my local police via my lawyer that ottawa closed my case and my fingerprint and photograph had been withdrawn from my local police file and destroyed December of 2013. My question: I went to sign a police information check for my current job, which include vulnerable sector check. Will my PIC/VS check come out clean?

Please check the attachment: http://www.cbe.ab.ca/parents/Forms/police_information_check_consent_to_search.pdf

Please read List of info being disclosed by my local police:

What disclosures are included?

*Criminal Records - Adult and Youth (includes indictable, dual procedure and summary
Conviction offences)
*Pending and outstanding charges
*Outstanding warrants for arrest Canada-wide
*Police Files/Information Reports: Relevant occurrences – this may include any interactions an individual has had with police as being disclosed, including mental health occurrences, if they are deemed to be relevant. A relevant occurrence may not have resulted in charges being laid, but will be disclosed if relevant or there is a potential risk to public safety
*Records of not criminally responsible by reasons of Mental *Disorder pursuant to s.16(1) cc (disclosed if relevant)
*Judicial Orders while in effect: probations, prohibitions, peace bonds and recognizance conditions
*Vulnerable Sector Records (pardoned sex offender)
*Absolute Discharge for one year period
*Stay of Proceedings for one year period
*Conditional Discharge for three year period
*Alternative Measures for one year period.

I am worried about the Police Files/information reports. I am worried of how relevant is my withdrawn charge to my current position (supervisor) for vulnerable individual and vice versa. I already know that my withdrawn charge is not a potential risk to public safety, I want to know however if my local police consider my withdrawn charge to be relevant to my current position thus getting a NOT clean record from them.

Fr_Chuck
Sep 3, 2014, 01:07 AM
By the reading, since your case is over a year old, it will not be reported. The record, is always there. (no matter what they say) there legally has to be a record, of what happened and the outcome of the case. The issue, is when and how it is released.

It appears, that this search is only showing those that are less than one year old, and yours is now older than that.

Girlee
Sep 3, 2014, 09:23 AM
Thanks Fr_Chuck
So you think I can get a clean PIC?

I am trying to understand the "relevant occurences" part of the disclosure. A lawyer informed me that that section mentions of totally different kind of police contact as mine is only limited to theft under that was dealt with through Adult AMP.

Police record - through researching I have found out too that they keep them but some
Sites are misleading. When and how this withdrawn theft under via AMP, is it being released?

Girlee
Sep 4, 2014, 06:43 AM
Anybody who could answer my query. Please and thank you!