Will a withdrawn charge show up on a police record check in Ontario?

Generally, no. Under Ontario's Police Record Checks Reform Act, 2015, a withdrawn charge is not disclosed on a criminal record check or a criminal record and judicial matters check, and court orders made in relation to it are not disclosed either. The narrow exception is the vulnerable sector check, where police may disclose it only if a strict test about risk to children or vulnerable people is met.

This question usually comes up right after a case ends, when a job, a volunteer role or a school asks for a police check. Here is how the Ontario law works, and how a withdrawal compares with the other outcomes of a criminal case.

What are the three kinds of police record check in Ontario?

Ontario police services conduct three types of check (s. 8(1)): a criminal record check, a criminal record and judicial matters check, and a vulnerable sector check. A police record check provider may disclose only what the Schedule to the Act allows for that particular type of check (s. 9). The organization asking you for a check has to say which one it needs, and the check can only be done with your written consent (s. 7(4), s. 8(3)).

The Act calls a charge that was dismissed, withdrawn or stayed, or that ended in an acquittal, "non-conviction information" (s. 1). None of the three checks lists it as something to disclose, apart from the vulnerable sector exception below.

How does a police record check work, step by step?

The Act sets the same process for every police service in Ontario, including Toronto, York Region and Peel. The steps below follow its sections.

A "police record check provider" can be a chief of police, a member of a police service designated by the chief, an entity the RCMP permits to access CPIC, an authorized body, or a third party that has an agreement with a police service (s. 1). Since June 2, 2026, providers must also meet service standards set by regulation, which can include time limits for completing a check (s. 14.1 and s. 22(2)(e)).

What about the time before the charge was withdrawn?

Timing matters. While a charge is still outstanding, it is not shown on a basic criminal record check, but it is disclosed on a criminal record and judicial matters check and on a vulnerable sector check (Schedule, item 5). Once the charge is withdrawn, it is no longer outstanding, and the rules for non-conviction information apply instead. The same is true when a charge is withdrawn or stayed after diversion. If you are asked for a check while your case is still open, speak to your lawyer about the type of check before you consent.

For a case still running at the Toronto courthouse at 10 Armoury Street, that means a judicial matters check or a vulnerable sector check requested for a new job or volunteer role will disclose the open charge. Sometimes the timing of a resolution and the timing of a check can be planned together.

What about bail conditions or a peace bond?

Court orders are their own category (Schedule, item 6). They are never shown on a basic criminal record check. On the other two checks they are generally disclosed, with exceptions written into the Act: court orders made in relation to a charge that has been withdrawn are not disclosed, and neither are restraining orders made under the Family Law Act, the Children's Law Reform Act or the Child, Youth and Family Services Act, 2017, or orders under the Mental Health Act. For how a peace bond differs from a conviction, see what each criminal case outcome means in Ontario.

A peace bond is still a court order with conditions, even when it is not disclosed. Breaking one is a new criminal offence, and a new charge would be outstanding, and disclosed, on the higher checks. Our page on penalties for breaching a peace bond or bail condition explains the risk.

When can a vulnerable sector check show a withdrawn charge?

Only through "exceptional disclosure" under section 10, and only if every one of these is true:

• the charge was for an offence specified in the regulations under the Act;
• the alleged victim was a child or a vulnerable person; and
• after reviewing the records, the provider has reasonable grounds to believe the person has been engaged in a pattern of predation that shows a risk of harm to a child or vulnerable person, looking at whether children or vulnerable people were targeted, whether the behaviour was repeated against more than one person, when it happened, how many incidents there were, and why it did not lead to a conviction.

If information is disclosed this way, it must be clearly labelled as non-conviction information, and you can ask for a reconsideration; the provider has 30 days to reconsider (s. 10(3) and (4)). If, after reconsideration, the test is not met, the information is not disclosed (s. 10(5)).

What changes the answer?

• The type of check. Each check discloses a different set of information (s. 9 and the Schedule), so the first question is always which check is being asked for.
• Whether the charge is still open. An outstanding charge is disclosed on the two higher checks (Schedule, item 5).
• How the case ended. A withdrawal, stay, dismissal or acquittal is non-conviction information (s. 1). A discharge follows a finding of guilt and has its own 1-year and 3-year rules (items 3 and 4).
• Orders tied to the charge. An order made in relation to a withdrawn charge is not disclosed (item 6).
• The kind of allegation. Exceptional disclosure on a vulnerable sector check applies only to offences named in the regulations involving a child or vulnerable person (s. 10(2)).
• The purpose of the search. The Act does not cover some searches, such as those under the Firearms Act or for Crown prosecutors' duties (s. 2(2)), and it does not allow disclosure that federal law prohibits (s. 4).

Does a withdrawn charge matter for immigration or citizenship?

A withdrawn charge is not a conviction, so it cannot be the conviction that the serious criminality test in section 36(1)(a) of the Immigration and Refugee Protection Act looks for. Our page on how a criminal charge can affect permanent resident status explains which outcomes carry immigration risk.

Citizenship has its own rules. The Citizenship Act bars a grant of citizenship, and the oath, while a person is charged with an indictable offence (s. 22(1)(b)), so an open charge can hold up an application until the case ends. The same section also bars a person who misrepresents or withholds material circumstances (s. 22(1)(e.1)). Immigration and citizenship forms are federal forms with their own questions, separate from Ontario police checks, so answer them honestly and with an immigration lawyer's advice. We advise on the criminal side.

For example: a peace bond, then a new job

This is a hypothetical, not a real client or a result. Suppose a permanent resident living in Willowdale is charged with assault after an argument with a neighbour. While the case is open, he applies for a warehouse job that asks for a criminal record and judicial matters check. That check discloses the outstanding charge.

Some months later, the Crown withdraws the charge after he enters into a 12-month peace bond to keep the peace and stay away from the neighbour. A new employer then asks for the same type of check. This time the charge is non-conviction information and is not disclosed, and the peace bond, as an order made in relation to a withdrawn charge, is not disclosed either. The result comes to him first, and he decides whether to share it.

His citizenship plans are a separate question. He waits until the charge is withdrawn, and speaks with an immigration lawyer, before he files.

What mistakes do people make?

1. Consenting without checking the type. A criminal record check and a vulnerable sector check disclose very different things. Ask which one the organization needs (s. 7(4)).
2. Applying for a check while the case is open. An outstanding charge appears on the two higher checks.
3. Sharing the result before reading it. You receive it first (s. 12(1)); read it before you consent to a copy going anywhere.
4. Ignoring an error. If a withdrawn charge or an old order shows up wrongly, use the provider's correction process (s. 15).
5. Answering a federal form by Ontario's rules. Immigration and citizenship forms ask their own questions, and the Citizenship Act bars misrepresentation (s. 22(1)(e.1)). Answer exactly what is asked.
6. Breaching a peace bond. A breach is a new offence, and the new charge would be disclosed while it is outstanding.

What can you do this week?

1. Keep the papers from the day your charge was withdrawn or stayed, and any peace bond, in one safe place.
2. Ask any employer, school or volunteer group exactly which type of check it needs.
3. If your case is still open, talk to your lawyer before you consent to a judicial matters or vulnerable sector check.
4. When the result arrives, read it before you consent to sharing it.
5. If something is wrong, ask the provider in writing for a correction.
6. If you plan to apply for citizenship or have a pending immigration file, speak with an immigration lawyer about timing.

Frequently asked questions

Is a stayed charge treated the same as a withdrawn one?

On Ontario police checks, yes: both are non-conviction information (s. 1). The difference is in court. According to the Ontario Court of Justice, after a Crown stay the Crown has one year to bring the charge back; after that year, it cannot.

Do I need a record suspension after a withdrawal?

No. A record suspension sets aside a conviction, and a withdrawn charge is not one. If you also have an old conviction, read how long you must wait for a record suspension.

Can my employer see the result before I do?

No. The provider gives the result only to you (s. 12(1)). A copy goes to the employer only with your written consent, given after you have seen it (s. 12(2)).

Does this law cover checks for a firearms licence?

No. Searches in relation to the administration of the Firearms Act are excluded from the Act (s. 2(2), para. 5), so different rules apply.

What if the vulnerable sector check discloses my withdrawn charge?

You can ask for a reconsideration, and the provider must reconsider within 30 days (s. 10(4)). If the test in section 10 is not met, the information is not disclosed (s. 10(5)).

Can I discuss my record in Farsi?

Yes. Our lawyer reviews police checks, court papers and outcomes with clients in Farsi or English. See our guide for Persian-speaking people charged in the GTA.

Getting help

A charge that ends without a conviction should not follow you into every job application, and under Ontario's law it usually does not. If a check shows something you did not expect, or your case is still open and a check is coming, Gambriani Law PC helps clients in Toronto and across the GTA understand where a case leaves them, in English and Farsi. You can reach the office at +1 647 970 3370, Monday to Friday, 9:00 a.m. to 5:00 p.m.

This page is general information about Ontario law, not legal advice about your record.