If you’ve been charged with assault in Ontario, one of the first questions you might have is: “Will this give me a criminal record in Ontario?” It’s a valid concern, especially if you’re applying for a job, studying in Canada, or worried about travel restrictions. A criminal record can have long-lasting effects on your life, but being charged with a crime doesn’t automatically mean you’ll have one.
The question of whether an assault charge in Ontario leads to a criminal record is the most common concern for our clients. We’ll break down exactly when an assault charge can result in a record, what legal outcomes may avoid one, and what this could mean for your future.
Table of Contents
What Counts as a Criminal Record in Ontario
A criminal record in Canada is the official documentation of a person’s conviction for a criminal offence under the Criminal Code or other federal legislation. This record is permanent unless it’s formally removed through a legal process. It’s crucial to understand the distinction between a charge and a conviction.
A charge is simply an accusation made by the police. It means the authorities believe you’ve committed a crime and are bringing the matter to court. A charge on its own does not result in a criminal record. Your record is only created if you are convicted of the offence. A conviction can happen either through a guilty plea or a finding of guilt at Ctrial.
Common Assault Offences in Ontario
Assault is a broad category of offence in the Criminal Code of Canada. While some are minor, others can have severe penalties. The severity of the charge often dictates how the Crown Attorney will proceed and the potential outcomes.
- Common Assault (s. 266): This is the least serious form of assault. It involves the intentional application of force to another person without their consent. This can be a physical act, a threatening gesture, or even impeding someone while carrying a weapon. There is no bodily harm involved, and injuries, if any, are minor.
- Assault with a Weapon or Causing Bodily Harm (s. 267): This is a more serious hybrid offence. The charge is laid if an assault involves a weapon or if it results in “bodily harm,” which is defined as any injury that “interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.” This could include broken bones, deep cuts, or a concussion.
- Aggravated Assault (s. 268): This is the most serious form of assault. It is an indictable offence, meaning the Crown must proceed by indictment. This charge is reserved for cases where an assault wounds, maims, disfigures, or endangers the life of the victim.
In cases of domestic assault, while the legal definition is the same as common assault, the fact that the parties are in a domestic relationship is considered a serious aggravating factor by the court.
How to Avoid a Criminal Record After an Assault Charge in Ontario
The good news is that there are several legal pathways to resolve an assault charge in Ontario without receiving a criminal conviction. These options often hinge on the specific circumstances of your case, the seriousness of the offence, and whether you have any prior criminal history. The key is to have a proactive legal strategy from the very beginning.
1. Charge Withdrawal or Stay of Proceedings
If it’s your first offence, the incident was minor, or there are issues with the Crown’s evidence, the Crown Attorney may agree to withdraw the charge or stay the proceedings.
- Charge Withdrawal: When a charge is withdrawn, the prosecution permanently ends the case. There is no finding of guilt, no conviction, and as a result, no criminal record. This is often the best-case scenario. It may occur if the complainant in a case recants their statement or if new evidence comes to light that weakens the prosecution’s case.
- Stay of Proceedings: This is a temporary halt to the prosecution. The Crown can choose to re-activate the case within one year. However, if the case is not re-activated, the charges are effectively dropped after the one-year period. In both cases, there is no conviction and no criminal record.
2. The Peace Bond (Section 810)
A peace bond is a common and highly effective outcome, particularly in minor or domestic assault cases. Under section 810 of the Criminal Code, you agree to follow certain conditions for a period of up to 12 months. If you consent to the peace bond, the original criminal charge is withdrawn. A peace bond does not result in a criminal conviction or a criminal record.
3. Diversion Programs
Some jurisdictions in Ontario offer diversion programs for low-level, non-violent, first-time offenders. These programs, often called “Direct Accountability Programs,” allow an individual to take responsibility for their actions without receiving a criminal record. Upon successful completion of the program, the charges are withdrawn, and you do not receive a conviction or a criminal record.
4. Discharges: Absolute and Conditional
A discharge is a unique sentencing option under s. 730 of the Criminal Code where a judge finds you guilty but believes a formal conviction is not in the public interest. While you are found guilty, a formal conviction is not registered.
- Absolute Discharge: You are immediately discharged without any conditions. The discharge will appear on your criminal record for one year, after which it is automatically removed.
- Conditional Discharge: You are discharged after fulfilling certain conditions, such as completing a period of probation (usually for up to three years). The discharge will appear on your criminal record for three years, after which it is automatically removed.
Do All Assault Charges in Ontario Lead to a Criminal Record?
No, absolutely not. The outcome of an assault charge is determined by a number of factors, including the specific circumstances of the offence, the strength of the Crown’s evidence, and the legal strategy employed. While a conviction will certainly lead to a permanent criminal record, many cases are resolved without one.
This is why having an experienced criminal defence lawyer is crucial. Your lawyer can assess the evidence against you, identify weaknesses in the Crown’s case, and negotiate for an outcome that avoids a criminal record. The following table summarizes the key outcomes and their effect on your record.
| Legal Outcome | Criminal Record? | Retention Period | Notes |
|---|---|---|---|
| Withdrawal / Stay of Proceedings | ❌ No | None | Best-case scenario; prosecution ends. |
| Peace Bond (s. 810) | ❌ No | Up to 1 year | A negotiated agreement; may appear on vulnerable sector checks while active. |
| Diversion Program | ❌ No | None | Upon completion, charges withdrawn and no record created. |
| Absolute Discharge | ❌ No | 1 year | Finding of guilt but no conviction; automatically removed by RCMP. |
| Conditional Discharge | ❌ No | 3 years | Guilty finding with probation conditions; automatically removed by RCMP. |
| Conviction | ✅ Yes | Permanent | Creates a criminal record unless a record suspension is granted. |
The Consequences of a Criminal Record for Assault
If you are convicted of assault, even for a first-time offence, you will receive a criminal record. This record is permanent unless a record suspension is granted. The consequences of a conviction can be far-reaching and significantly impact various aspects of your life.
Impact on Employment & Professional Licensing
Many employers, particularly those in the government, healthcare, education, or financial sectors, require a criminal background check as a condition of employment. A criminal record for assault can be a significant barrier to getting a job or advancing your career.
Impact on International Travel
A criminal record can seriously affect your ability to travel, especially to the United States. Under U.S. immigration law, assault can be considered a “crime involving moral turpitude.” This classification can make you criminally inadmissible to the U.S. and lead to a denial of entry at the border, even for a short visit.
To overcome this, you may need to apply for a U.S. Entry Waiver. This process is lengthy, costly, and not guaranteed. On average, an application can cost several hundred dollars in government and processing fees and typically takes 6–12 months for review.
Impact on Immigration Status:
A criminal record can seriously affect your ability to travel, especially to the United States. Under U.S. immigration law, assault can be considered a “crime involving moral turpitude.” This classification can make you criminally inadmissible to the U.S. and lead to a denial of entry at the border, even for a short visit.
To overcome this, you may need to apply for a U.S. Entry Waiver. This process is lengthy, costly, and not guaranteed. On average, an application can cost several hundred dollars in government and processing fees and typically takes 6–12 months for review.
Can a Criminal Record Be Removed? The Record Suspension Process
A record suspension effectively seals your criminal record, keeping it separate and apart from other criminal records. This means that a standard criminal background check will not reveal the conviction. However, a record suspension does not erase the fact that you were convicted.
Eligibility to Apply:
Before you can apply, you must have completed all of your sentences, including any fines, restitution, or probation orders. After that, a waiting period applies:
- 5 years after completing your sentence for a summary conviction offence.
- 10 years after completing your sentence for an indictable offence.
Important Caveats:
- The process can be lengthy and involves a detailed application, fees, and checks.
- Even with a record suspension, some countries—including the U.S.—may still be able to access old conviction data, particularly for immigration or border entry.
Frequently Asked Questions (FAQ)
How do I avoid a criminal record for assault in Ontario?
You can avoid a criminal record for an assault charge by having the charge withdrawn, negotiating a peace bond, completing a diversion program, or receiving a conditional or absolute discharge from a judge. These outcomes do not result in a formal criminal conviction.
Can a peace bond keep me from getting a criminal record in Canada?
Yes. A peace bond under Section 810 is a common legal agreement where you consent to certain conditions, and in return, the criminal charge against you is withdrawn. Since there is no conviction, there is no criminal record.
Does a charge of domestic assault automatically result in a criminal record?
No. As with any other assault charge, a conviction is required for a criminal record to be created. However, domestic assault cases are often treated very seriously by the Crown and may be less likely to result in a withdrawal of charges without a compelling reason or a strong legal defence.
How long does an absolute or conditional discharge stay on my record?
An absolute discharge remains on your record for one year, while a conditional discharge remains for three years. After these periods, the record is automatically removed by the RCMP.
What is the difference between criminal record checks in Canada?
Not all background checks are the same, and this distinction is important if you’ve faced an assault charge in Ontario.
CPIC (RCMP National Repository of Criminal Records): This is Canada’s centralized database, maintained by the RCMP. It primarily shows convictions but may also flag discharges within their retention period (1 year for absolute, 3 years for conditional).
Local Police Records Check: Conducted by municipal police services, this check may include non-conviction records such as withdrawn charges, stayed charges, and active peace bonds.
Employer Criminal Record Checks: These are usually CPIC-based and limited to convictions only. However, certain industries (like finance, healthcare, or education) may request a more in-depth search.
Vulnerable Sector Checks: Required for those working with children, seniors, or other vulnerable persons. This is the most extensive check and can reveal discharges, peace bonds, and sometimes even non-conviction records.
This is why avoiding a conviction (through withdrawal, peace bond, or discharge) is so critical. Different types of checks reveal various levels of information.
Can I still travel to the United States if I have a criminal record for assault?
A conviction for assault can make you criminally inadmissible to the U.S. It may be possible to apply for a U.S. Entry Waiver, which grants temporary permission to enter, but this is not guaranteed.
Will my employer find out about my assault charge if I didn’t get a conviction?
A conviction for assault can make you criminally inadmissible to the U.S. It may be possible to apply for a U.S. Entry Waiver, which grants temporary permission to enter, but this is not guaranteed.
Will my employer find out about my assault charge if I didn’t get a conviction?
For most standard background checks, a charge that did not result in a conviction will not appear. However, a vulnerable sector check may reveal information about the charge, even if it was withdrawn.