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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-31-2015, 10:40 AM
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Default Criminal Conviction question..help!

I'm working on Form 35.1: Affidavit in Support of Claim for Custody and Access. There is a section asking if there is anyone in the household who's ever had a criminal record.

My common law partner was convicted in May 2012 for a DUI charge as well as possession of a schedule II substance : 30 grams or less of cannabis marijuana. Although he was convicted in May 2012, his actions occurred in April 2011.

My question is: do I list this on my form? In doing a bit of research, it states that a conditional and absolute discharge does not appear on a criminal record after three years of the conviction date...of which is now passed.

Should I dodge this and should I find out that yes...I should have put it in, then I resubmit? I'm self representing. I am not trying to hide anything however, why put info that will discredit us if its not necessary?

Thanks everyone
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Old 07-31-2015, 11:22 AM
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I am thinking that you should talk to a lawyer on that. If you don't put it in and then later it comes to light then it will look like you are hiding something. No criminal record is completely gone.
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Old 07-31-2015, 12:15 PM
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If the question is "has anyone in the household ever had a criminal record?" I think you would be wise to disclose your partner's offence. Even if there has been some sort of discharge, he did have a record. I think the only exception would be if he has received a pardon, when it becomes as though the conviction never occurred.

If you don't disclose it, and them it somehow comes to light anyway, you could lose credibility. It's a minor offence (and who knows, if Justin Trudeau has his way it might cease to be an offence at all!) and it doesn't suggest that it would be unsafe to have children around your partner.
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Old 08-03-2015, 04:34 PM
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Quote:
Originally Posted by momofonegreatboy View Post
I'm working on Form 35.1: Affidavit in Support of Claim for Custody and Access. There is a section asking if there is anyone in the household who's ever had a criminal record.
You have already answered your own question in that bold above.

Quote:
Originally Posted by momofonegreatboy View Post
My common law partner was convicted in May 2012 for a DUI charge as well as possession of a schedule II substance : 30 grams or less of cannabis marijuana. Although he was convicted in May 2012, his actions occurred in April 2011.
If your partner resides in the same residence as the children then *yes* you need to disclose this information. I would also recommend you attach the documentation that outlines the charge and any probation etc... Best to provide full disclosure.

Quote:
Originally Posted by momofonegreatboy View Post
My question is: do I list this on my form? In doing a bit of research, it states that a conditional and absolute discharge does not appear on a criminal record after three years of the conviction date...of which is now passed.
I would recommend your partner pull a vulnerable records report and see what comes up. That is what the court is going to seek. This is WAY DIFFERENT than a "police records check". VRS are much deeper and are what is used when someone works with (or lives with) children.

Quote:
Originally Posted by momofonegreatboy View Post
Should I dodge this and should I find out that yes...I should have put it in, then I resubmit? I'm self representing. I am not trying to hide anything however, why put info that will discredit us if its not necessary?
Talk to a lawyer to be sure but, I would recommend you include the information and check the VRS. Make sure you do a VRS and not the basic police check off the internet. You need to go into the station to do a VRS.

Good Luck!
Tayken
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Old 08-03-2015, 09:28 PM
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Actually check your local police department. I know in the Niagara Region, even Police Vulnerable Sector Checks can be done online easily and quickly.

Police Criminal Record Check (PCRC) - Niagara Regional Police Service
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Old 08-04-2015, 09:56 AM
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Again, due to privacy concerns VRS are generally not provided online. These are "police checks" which do not go to the same level and are not accepted in accordance with Rule 35.1 of the CLRA anyways. (Meaning they are a complete waste of time.)

Difference between a "police check" and a "Vulnerable Records Search".

http://www.rcmp-grc.gc.ca/en/crimina...ctor-checks#rc

Quote:
Types of record checks
A criminal record file consists of an individual's criminal charges, convictions and discharges, as well as fingerprint information. It includes fingerprints if the individual was charged or convicted.

Criminal Record check: This process verifies whether an individual has a criminal record and provides the applicant with the detailed information that can be legally disclosed.

Vulnerable Sector (VS) check: This process verifies whether an individual has a criminal record, as well as any record suspensions (formerly pardons) for sexual offences and local police records for information relevant to the VS check. The information that can be legally disclosed is provided to the applicant.

Individuals applying for employment or volunteer work in positions of trust or authority over children, seniors, or other vulnerable persons may have to undergo a VS Check if requested by the organization responsible for hiring.

This type of record check must be processed by the police service where you live. They will verify that the position is relative to the vulnerable sector. If it is not, the police service will refuse to process your request or offer a regular criminal record check. (Criminal Records Act, section 6.3(3) and 6.3(4))
Good Luck!
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Old 08-04-2015, 10:43 AM
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I have one. I work in a job that requires one and our HR department sent an email out before school ended saying they are available online now.

EDITED TO ADD: My apologies to readers, poster and Tayken. Tayken is likely right. We were given a link to an online Vulnerable Sector application directly related to our employment. It may not be available to the general public.

Again, apologies for the inaccurate information.

Last edited by SadAndTired; 08-04-2015 at 10:53 AM.
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Old 08-04-2015, 08:30 PM
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Do not admit to anything , keep your secrets. The charges or convictions do not sound bad so why start something out of nothing. Even if it comes out in court you just play dumb and apologize. Whats the worst that can happen, they take it out on the child somehow?. Judge will do nothing about this weather they know or not, a little slap on the writs for not disclosing but as per usual in family law. There is no Law, just another case conference.
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Old 08-06-2015, 07:19 AM
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It would be worth looking into in detail. In another country I know of, if it's forgiven you actually have the country's permission to say NO if ever asked if you have a criminal record.
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