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Criminal Records are databases kept by law enforcement agencies to keep track of the criminal history of individuals within their system. Once convicted of a crime (and in some instances charged) the record is entered into the system and shared among agencies, some of which can be made available to the public.

Uses of a Criminal Record

Criminal records are often accessed to determine a person’s trustworthiness when they are applying for something that requires a level of responsibility. Certain laws may even prevent individuals from acceptance if it is found that they have a criminal past. Examples of this includes: passport/visa/citizenship applications, adoption applications, and more.

Most often, however, it is employers and lenders that check for criminal records to determine if the person is a trustworthy candidate of the position/loan/etc. In these circumstances, most applications will be ask whether or not they have been convicted of a crime. While it is not illegal to lie on MOST applications, these records are part of the public domain and can be accessed quite easily; so it is best to know what your criminal record might be and be honest.

The other major use of a person’s criminal record is for law enforcement agencies. They often use it to determine the likeliness of whether or not a person of interest could have committed a crime and should become a serious suspect. It cannot, however, be used as evidence of guilt of another (even if similar) crime in most courtroom situations. Rarely, criminal records are brought into trials as evidence to put the credibility (or lack of) of a witness into question. (example: a witness who was convicted of perjury)

Law enforcement agencies also have records which includes arrests and charges (not just convictions). These records are generally more complete than those an employer has access to as “sealed” or “expunged” records are also not made available to the general public.

USA

Most states have their own laws regarding what goes on and can be shown to the public in your criminal record. In general, minors convicted of crimes have their records expunged when they turn 17 or 18.

Criminal record databases are collected on the local, state, and federal level. While there is a central federal database of criminal records (NCIC), this database is not available to the general public. Instead, reporting agencies must compile the information across all 50 states in order to have complete information on a person’s potential criminal past (within the US)

Depending on the state’s laws and the crime committed, some convictions can be expunged or sealed. Essentially, this means that the record will no longer be available to the public during criminal background checks. While this also means that the person may not need to divulge the conviction to most potential employers/applications/etc. certain responsibilities (such as government security access, etc) may require that the sealed conviction(s) be revealed.
The only way to get a federal conviction removed from a record is by Presidential pardon.

Canada

In Canada, criminal records are not public and the database is kept by the Royal Canadian Mounted Police. A criminal background check may only be done with the consent of the individual.

There are essentially 5 levels of criminal record checks in Canada: Levels 1-4 and a vulnerable sector check. Level 1 (the lowest level) is a simple check of all convictions excluding those that have been pardoned. Level 4 is the same as a level 1, but also includes checks of all outstanding charges, records, discharges, and a complete local police record check. Vulnerable sector checks are for those that include responsibilities that involve minors or dependents with disabilities that put them at extra risk. This type of check is essentially a Level 4 check plus any sexual offences and convictions which pardon was granted.

Pardons of criminal offenses may be made in Canada by one of three offices: Governor General of Canada, National Parole Board or through an order-in-council by the federal government, as required by the crime involved under the Criminal Records Act. A pardon removes the record for record checks 1-4 and (unless a sexual offense) vulnerable sector checks.

While having a criminal record may cause you to lose certain rights and may prevent you from landing a Job, it’s important to understand your rights under the law. If you live within the US, make sure you understand your state’s laws and what it means for you. If you live in Canada, you may be able to have one (or all) of your past crimes erased completely.

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In every state the legal limit for Blood Alcohol Content (BAC) is under 0.08. There are a number of factors that can affect a person’s BAC, including weight, lung capacity and medical conditions.

How Alcohol is Absorbed

When you drink an alcoholic beverage, the alcohol is absorbed through your mouth, throat, stomach and intestines. About 20% of it will be absorbed from your stomach and much of the rest from your intestines. How fast your body absorbs the alcohol can vary depending on:

The concentration of alcohol compared to other liquids in the drink, the stronger the drink the faster it will be absorbed

If there is any food in your stomach, food slows alcohol absorption

The type of drink, for example carbonation will speed up absorption

Your BAC will be affected around 20 minutes after consuming a drink. The average person eliminates “one drink” of alcohol each hour.

Alcohol in Men and Women

In general men’s bodies consist of more muscle and women’s bodies have more fat. Muscle mass has more water content than fat does. The same amount of alcohol will be more diluted in a man than in a woman. Because of this, men and women of the same height and weight are affected differently by the same amount of alcohol. When it comes to a breath test, women also tend to have smaller lung capacity which can also skew their breath test results.

BAC Levels and Effects

While alcohol affects different people differently, below is a generalized list of what effects a certain BAC will produce:

BAC of 0.03 to 0.12:

More confident or daring

Flushed appearance

Shorter attention span

BAC of 0.09 to 0.25:

Difficulty understanding or remembering

Slowed reaction time

Uncoordinated body movements

Blurry vision

May become sleepy

BAC of 0.18 to 0.30:

Dizziness or staggering

Possibly highly emotional, either aggressive, withdrawn or affectionate

Slurred speech

BAC of 0.25 to 0.40:

Cannot stand or walk

May go in and out of consciousness

Doesn’t respond to stimulus

A BAC of 0.40 and higher can produce a coma, and most people will stop breathing and die with a BAC of 0.50 and higher.

There are many factors that come into play that can affect a person’s BAC. While body weight is the most important factor in determining BAC, others include gender, stomach contents, metabolism and the type of drink being consumed.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.

Additional Legal Tools: Criminal Attorney Michael Lowe. Serving in Dallas, TX.
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In all of the provinces of Canada, the Youth Criminal Justice Act  (YCJA) is the body of law that establishes the procedures for youthful offenders. The YCJA covers young people who were between 12 and 17 years old when they committed the action of which they stand accused.

When a person in this age group breaks the law in Toronto, Ontario, the authorities will refer to YCJA to determine the appropriate handling of the charges. Following a number of progressive reforms throughout the last half of the 20th century, the police and the Ministry of the Attorney General make every effort to deal with these young people without initiating formal court proceedings, called “extrajudicial measures.”

Those accused of very serious or violent crimes, many repeat offenders and youths that fail at the prescribed extrajudicial measures will be charged and go to court. If they are found guilty, the court will hand down a sentence that does not include the options available extra-judicially.

Extrajudicial measures

Throughout Ontario, it is the Ministry of Children and Youth Services that oversees the programs and services for young people who have been deemed acceptable for extrajudicial handling, or have been determined to be “at risk” of breaking the law by one or another public agency. The ministry’s services are designed and applied with the intention of

• building safer communities and preventing crime,
• empowering young people to make better choices,
• confronting youths’ issues to keep them from getting into trouble again, and
• holding them accountable for their choices and actions.

If your child is scheduled for a “day in court,” it means you have already gone through an assessment by the police as well as the Ministry of the Attorney General (AG), the department that oversees the court processes for young people. Working closely with the Ministry of Community Safety and Correctional Services (CSCS), which oversees the police, the AG initially attempts to handle the youth’s troubles outside of the formal court system.

It is not unheard of for some cases to be referred back to this phase even after a “day in court” has been scheduled, as Canadian juvenile justice is predicated on the belief that young offenders have wholly different needs and propensities than do adults.

This realization has prompted the Province of Ontario to provide young people with chances to take advantage of effective diversion programs before initiating court proceedings. These extrajudicial measures and sanctions are put into practice in schools throughout the province, bringing together the police, educators and community agencies address a range of youth issues and help troubled young people stay in school

Community and restorative programs

The young people in these extrajudicial programs are taught to take responsibility for their own actions and learn new skills for staying out of trouble. Specific diversionary actions might include

• counseling for behavioral issues and drug abuse,
• volunteering in the community,
• repairing, restoring or reimbursing for both damaged and stolen property,
• writing (and reading aloud) an apology, and
• taking anger management classes, if appropriate.

There are also “restorative justice programs” in which the youthful offender, his/her family, the victim(s) and community representatives assemble, under the supervision of trained facilitators, to discuss the offense, the harm it caused and ways to redress the wrong.

Additional community-based services include community service, probation, structured programs at designated Youth Intervention Centres and specialized mental health services. If your child is being considered for an extrajudicial or community-based diversionary approach, there will be guidance provided to you, as parents, so that you may effectively advocate for your child’s best interests. These interests, of course, are foremost in the mind of the judicial officers and magistrates, as well.

Official court proceedings

If the informal extrajudicial measures are determined to be inappropriate for rehabilitating a particular youth accused of a crime, the authorities may choose to lay a charge against the young person. From this determination a number of steps ensue, which are your responsibility, as parents, to take with and for your child. Understanding your child’s rights, your rights as parents and the general operations of the youth court system under the YCJA are essential for achieving justice.

Once a charge is laid, judicial system officials are charged with protecting the young person’s rights at every step of the process. The first obligation is always to inform young persons of their right to counsel, and to contact the parents or guardians. The judicial process will then proceed through the following steps: first appearance, plea, trial and appeals processes. The YCJA also describes and defines the situations in which the court can summon the parents of the young person to appear, order a medical and/or psychological report on the accused you, place the young person with a child welfare agency and, perhaps most importantly, decide whether to release or detain the accused pending trial.

Various parts of the YCJA apply at various stages of the proceedings, even after the young person has been found either guilty or not guilty. For example, the right to an attorney is applicable through the young person’s entire experience with the court system, as are rules regarding the medical or psychological assessments. Perhaps the best advice for parents with children facing charges in Toronto, or anywhere else in Canada, is to read through the YCJA themselves.

Judges will sentence a youth to custody if other measures are unsuccessful in deterring the criminal behavior. A custody sentence will be for a specified amount of time, and there are both “open” and “secure” custody arrangements. Youths do not go to prison, per se, but to custody residences located throughout the Ontario. When in custody, youths are required to participate in programs that offer education, life skills, cultural programs, emotional and addiction counseling, anger management and physical recreation.

If charges are, in fact, laid against your child, it is always a good idea to get up-to-date legal advice from a licensed attorney, and resist the notion of representing your child yourself. For extrajudicial and diversionary phases, you may not need (and, depending on the proceeding, the court may not even allow) an attorney by your side. However, it is a good idea to seek advice from one, anyway, so that you are fully aware of your own rights as parents, and of the options and alternatives available to you and your child under the laws of Canada, which aim at all times to be the most progressive, humane and effective in the world.Kostman & Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every toronto lawyer is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success.