A shoplifting charge (Theft Under $5,000) stays on your criminal record permanently unless you take legal action. If convicted, you must wait 5 years after completing your sentence to apply for a Record Suspension in Canada. However, if your charges were withdrawn or discharged, the waiting period is much shorter.
Making a mistake at a retail store can have long-lasting consequences. In Canada, shoplifting is legally classified as “Theft Under $5,000.” If the London Police Service arrests you for taking items from a mall or grocery store, your fingerprints and photo are immediately entered into a national database.
Many people mistakenly believe that minor crimes automatically disappear from their record after a few years. Unfortunately, this is not true. Whether you are applying for a job in Middlesex County, seeking housing, or trying to volunteer, a theft charge will show up on a standard background check. This guide explains the true timeline of a shoplifting record and the steps you must take to clear your name in London.
Step-by-Step Process in London
Clearing a shoplifting charge depends entirely on how your case was resolved at the Dundas Street courthouse. Most applicants must follow a formal administrative process. 📋
Step 1: Determine Your Case Outcome
First, you must know your exact court disposition. Did you plead guilty and receive a summary conviction? Were you given an absolute or conditional discharge? Or did your lawyer negotiate a diversion program (like the Direct Accountability Program) that resulted in the charges being completely withdrawn?
Step 2: Wait the Mandatory Period
You cannot apply to clear your record immediately. You must wait a specific period based on your outcome. For a summary conviction, the wait is 5 years after paying all fines and finishing probation. For an absolute discharge, it is 1 year. For a conditional discharge, it is 3 years. If withdrawn, you usually wait 1 year or can apply immediately with Crown consent. ⌛
Step 3: Gather Court and Police Documents
Once eligible, you must gather your official documents. You will need to obtain a certified copy of your criminal record from the RCMP, a local police check from the London Police Service, and your court disposition documents from the London courthouse.
Step 4: Apply for a Record Suspension
If you have a conviction, your law firm will submit a comprehensive application to the Parole Board of Canada (PBC). If your charges were withdrawn, you do not apply to the PBC; instead, you apply directly to the London Police Service to have your fingerprints and photographs destroyed.
Timelines for Clearing a Shoplifting Record
Here is a detailed breakdown of how long you must wait before taking action to clear your name in Ontario:
| Court Outcome | Waiting Period Required | Action Required |
|---|---|---|
| Summary Conviction | 5 years after sentence is complete | Apply to PBC for a Record Suspension |
| Conditional Discharge | 3 years after probation ends | Purged automatically by RCMP |
| Absolute Discharge | 1 year after court date | Purged automatically by RCMP |
| Charges Withdrawn / Stayed | 1 year (or sooner with consent) | Apply to local police for Fingerprint Destruction |
How Much Does it Cost in London?
Cleaning up your criminal record involves several administrative fees. Here are the typical costs in Canadian dollars (CAD):
- Record Suspension Fee: The mandatory application fee paid to the Parole Board of Canada is currently $50.00 CAD.
- Fingerprinting and Documents: Getting your fingerprints taken in London and requesting court documents usually costs between $80 and $150 CAD.
- Lawyer Fees: While you can apply on your own, hiring a criminal defence lawyer to handle a Record Suspension or Fingerprint Destruction application generally costs between $1,000 and $2,000 CAD.
How Long Does the Process Take?
Beyond the mandatory waiting periods, the actual administrative process is slow. If you are applying to destroy fingerprints for withdrawn charges, the London Police and RCMP can take 6 to 12 months to process the request. If you are applying for a formal Record Suspension for a summary conviction, gathering the documents takes 3 to 6 months, and the Parole Board of Canada takes an additional 6 months to review your file. 📅
Frequently Asked Questions (FAQ)
What if it was my very first offence?
Even a first offence results in a permanent criminal record if you are convicted. However, first-time offenders in London are often eligible for diversion programs, which avoid a conviction entirely.
Will a Record Suspension erase the charge?
No, it sets the record aside. It will no longer appear on standard employment background checks in Canada, but the record still exists in federal databases.
Can I travel to the US with a shoplifting charge?
Theft is considered a crime of moral turpitude. If US Customs sees your record, you may be denied entry. A Canadian Record Suspension is not recognized by the US, so you may need a US Entry Waiver.
Does a withdrawn charge show on a background check?
It will not show up as a conviction, but the record of your arrest might appear on vulnerable sector checks or detailed police information checks until you actively request fingerprint destruction.
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