Criminal charges can sometimes take a long time to resolve, and many people have questions about how having active criminal charges will impact their everyday life. This article will answer some commonly asked questions about how having an active criminal charge can impact your life.
Will this show on a background check (criminal record check, vulnerable sector check or police information check)?
Active criminal charges will not show on a criminal record check. You will only have entries on your criminal record if you have been found guilty and convicted of a criminal offence. However, active charges and warrants will be disclosed on certain police checks, including vulnerable sector and police information checks. These enhanced checks are sometimes required for employment or volunteer roles. For example, if you work with children, you will very likely need to complete a vulnerable sector check.
Will I lose my job?
Unless you are a member of a regulated profession (such as a lawyer, doctor or nurse), you are under no obligation to self-report your criminal charges to your employer unless it is stipulated by your employment contract. It is up to you if you want to discuss with your employer that you have active criminal charges.
Having a criminal charge does not automatically provide your employer with just cause to fire you. If you have been fired for having a criminal charge that is not related to conduct in your workplace, you may wish to consult an employment lawyer.
Some jobs require employees to obtain a criminal record, vulnerable sector or police information check. If your job requires this type of check, an active criminal charge will be disclosed. Therefore, if you are applying for a new job that has this requirement, or your job requires you to submit regular vulnerable sector or police information checks, having an active criminal charge may impact your employment.
Can I travel?
Having an active criminal charge can impact when you travel, especially when travelling to the United States of America.
Having a criminal charge, especially a minor one, will not necessarily impact your ability to travel to the United States. However, there are no guarantees, and your success entering the United States can depend on the discretion of the border agent you are dealing with. It is best to defer travel plans until after your criminal charge has been resolved.
How does this impact child custody?
Being criminally charged can impact child custody. How it impacts you and your access to your child will depend on the nature of the charges against you.
If your criminal charges relate to your child or your child’s other parent, your contact with your child will likely be impacted by no-contact conditions. As a matter of routine, if there are criminal allegations where the alleged victim is a child, or a former or current intimate partner, you will be put on no-contact conditions with the child or other parent. This can logistically impact your ability to see your child.
Depending on your circumstances, you may be able to apply to the Court to have exceptions to no-contact conditions with the other parent to exchange custody of your children, or be allowed supervised access to your child. Certain types of criminal charges may also trigger the involvement of Children and Family Services.
If you are charged with a serious criminal offence, your child’s other parent may apply to the Court for a temporary change to your custody. The Court will make a determination based on what is in the best interest of the child.
If you are charged with a minor criminal offence, such as shoplifting or mischief, it is not likely to impact child custody.
If you are charged with a criminal offence and you are concerned about how it may affect access and custody with your children, we strongly recommend that you speak to a family lawyer for more advice.
Who can I talk to if I have more questions?
A lawyer at Pringle Law can give you advice about how your charges may affect your life while your matter is before the courts. Contact us for advice.
