Will Withdrawn or Dismissed Charges Show on a Background Check in Canada? (2026)

Will Withdrawn or Dismissed Charges Show on a Background Check in Canada?

One of the most common questions Canadians have about background checks is whether charges that did not result in a conviction — withdrawn, dismissed, or stayed charges — will appear on their criminal record check.

The Short Answer

On a standard CPIC criminal record check: No. Withdrawn, dismissed, and stayed charges are not criminal convictions and do not appear on a standard CPIC name-based criminal record check. This is the type of check that SafeHire provides and that most Canadian employers request.

On enhanced local police checks: Maybe. Some police services — particularly in Ontario — offer enhanced checks that include "non-conviction information" from local police databases. These checks may disclose withdrawn charges, especially if they are recent.

Understanding Charge Outcomes

Withdrawn Charges

A charge is "withdrawn" when the Crown Attorney decides not to proceed with the prosecution. Common reasons include:

• Insufficient evidence to prove the case
• The complainant does not wish to proceed
• A peace bond or diversion program is offered instead
• The charge is not in the public interest to prosecute

A withdrawn charge is not a conviction and does not create a criminal record.

Dismissed Charges

A charge is "dismissed" when a judge determines there is insufficient evidence or a legal basis to dismiss the case. Like a withdrawal, a dismissal is not a conviction.

Stay of Proceedings

A stay of proceedings occurs when the Crown suspends the prosecution, usually for a maximum of one year. The Crown can re-institute the charge within one year. After one year, the charge is effectively dead. A stay is not a conviction.

Acquittal

An acquittal occurs when the court finds the accused not guilty after a trial. An acquittal is not a conviction and does not appear on a standard CPIC check.

What Appears on Each Type of Check

Ontario's Three-Level System

Ontario police services distinguish between three types of checks:

1. Criminal Record Check

Searches the RCMP CPIC database only. Reports criminal convictions, outstanding warrants, and judicial orders. Does not include non-conviction information.

2. Criminal Record and Judicial Matters Check

Searches CPIC plus outstanding charges and judicial orders. May include charges currently before the court but does not include withdrawn or dismissed charges.

3. Police Record Check (Vulnerable Sector)

The most comprehensive check. Searches CPIC, local police records, and the pardoned sex offender database. May include non-conviction information such as withdrawn charges, if the police service determines it is relevant.

Most Ontario employers request either a Criminal Record Check or a Criminal Record and Judicial Matters Check. The Police Record Check is typically reserved for positions involving vulnerable populations.

Can Non-Conviction Records Be Removed?

From CPIC

Withdrawn, dismissed, and stayed charges are not supposed to be on CPIC in the first place. If you find that non-conviction information is appearing on a standard CPIC check, you may have a right to have it corrected. Contact the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS) to request a review.

From Local Police Records

In Ontario, you can apply to the local police service to request that non-conviction records be purged from their local database. Some services have a formal review process; others may require you to demonstrate that the records are no longer relevant.

Impact on Employment

Your Rights

Most Canadian employers request standard CPIC criminal record checks, which do not include non-conviction information. If you were charged but the charge was withdrawn, dismissed, or stayed, the standard check will come back clear.

Even if non-conviction information is disclosed through an enhanced check, Canadian human rights legislation generally prohibits discrimination based on charges that did not result in convictions. In Ontario, the Human Rights Code explicitly protects against discrimination based on criminal charges that resulted in acquittal or were withdrawn.

How to Check Your Own Record

To confirm whether any past charges appear on a standard background check:

1. Get a criminal record check through [SafeHire.ca](https://www.safehire.ca) — results in 15 minutes ($64.99)
2. SafeHire performs a standard CPIC name-based check — the same type most employers request
3. If the result is clear, your withdrawn/dismissed charges are not on the national database

Frequently Asked Questions

Will a withdrawn domestic assault charge show on a background check?

On a standard CPIC check (which is what most employers request and what SafeHire provides): no. On an enhanced Ontario police record check: possibly, depending on the police service and how recently the charge was withdrawn.

How long do withdrawn charges stay in police databases?

This varies by police service. Some retain non-conviction records for 2-5 years; others retain them longer. There is no national standard. You can request that your local police service review and purge old non-conviction records.

Can I say I have no criminal record if my charges were withdrawn?

Yes. Withdrawn charges are not criminal convictions and do not constitute a criminal record. If an employer asks "Do you have a criminal record?" the truthful answer is no (assuming no other convictions exist).

Will dismissed charges affect US border crossing?

Generally, no. US Customs and Border Protection has access to the CPIC database, but withdrawn and dismissed charges are not on CPIC. However, if you were fingerprinted at the time of arrest, there may be a record of the arrest (not the charge outcome) in the RCMP fingerprint database. This is separate from a CPIC check.