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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 100026
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Would a public intoxication appear on a criminal record

Customer Question

would a public intoxication appear on a criminal record check?
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  Zoey_JD replied 1 year ago.


In what US state?

Customer: replied 1 year ago.
I'm actually from Canada. In British Columbia
Expert:  Zoey_JD replied 1 year ago.

I'm sorry. This was placed in US criminal law. I'll opt out and have it moved to Canada Criminal law. Please be patient as it may take a while for moderators to move it. You don't need to watch the site. When another expert replies you'll get an email.

Expert:  Legal Ease replied 1 year ago.

I am a lawyer in Canada. Can you please read me the exact charge as I need to know if this is a provincial offence.

Customer: replied 1 year ago.
I don't have the exact charge because it happened 5 years ago. I was given a ticket for public intoxication and was required to spend the night in the drunk tank while I sobered up. I no longer have the ticket. I haven't needed to take a criminal record check but now am required to have one for a job I am applying for. So I was wondering if this offence would appear on a criminal record check.
Expert:  Legal Ease replied 1 year ago.

It will not show up on a criminal record check because you were charged under the provincial offences act. That is not a criminal offence.

Do you understand what I mean?

Customer: replied 1 year ago.
I understand. So where would this provincial offence be recorded? Is it something that would show up when I have a background check performed by the accounting firm that has offered a job contingent upon a clean background check?
Expert:  Legal Ease replied 1 year ago.

It would not show up. It is like a speeding ticket.

Customer: replied 1 year ago.
This is the document that I am required to sign to give consent to "Garda" to perform the background check. So this offence would not show up when "Garda" accesses the information that they are requesting?Have you ever been convicted of a criminal offence for which a Pardon has not been issued in Canada? Yes No
If yes, please complete form entitled “DECLARATION OF A CRIMINAL RECORD”
I hereby give authorization to Garda, acting on behalf of _______________ to obtain the following information:
(Check all that apply)
Details regarding my employment history, including employment data verifications from any employer/position I have previously held;
References from any professional and personal associates I have or will provide, including information on my attendance, technical
skills, interpersonal relations and any other pertinent information related to my candidacy;
Details regarding any academic training, verification of any diplomas or degrees received; and verification of any professional
I hereby consent to a consumer credit history inquiry with an ID verification and Social Insurance validation; which will include
information about me, including any previous bankruptcies, legal proceedings, collection actions, negative banking items and other
information reported by my creditors, and I hereby authorize any public or private institution to provide and release to Garda
information related to my credit record.
I authorize a search by a Canadian police service of the identification data bank via the Canadian Police Information Centre (CPIC)
for the following records:
I. Records of criminal convictions for which a pardon has not been granted in accordance with the Criminal Records Act;
And I understand that the police service will provide a response to Garda based on their search of these records. The response provided may
only be verified by providing fingerprints for comparison with the records held by the National Criminal Repository.
Expert:  Legal Ease replied 1 year ago.

You have not been convicted of a criminal offence as I've already explained.

But this post has been going on for a long time and I don't get credit until you rate me so please do so now so that I can get credit.