# Slightly grey area that leaves me curious regarding application



## CuriousIndividual (25 Dec 2012)

Hello!

First off, let me state that I am already gloomily hanging over my keyboard, expecting an answer I would rather not see.

I was unfortunately charged with a couple of assault's during the 2011 year. Due to circumstance and the results of my assessment tests, I received a conditional discharge, which equates to me not having a permanent mark on my criminal record.

I have spoken to my probation officer about joining the armed forces, and she has said not to despair, that a conditional discharge might not block my entry to the armed forced

Apologies to those who find this post offensive, I meant no disrespect. Happy Christmas, and happy holidays to those that celebrate another day.

EDIT** I'd like to add that I know if I had received a guilty charge, that I would not be eligible. It's just that at the end of this, there is no evidence against a background check indicating any time even spent in court. 

Not a dent on my criminal record other then that.


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## brihard (25 Dec 2012)

You will need to complete any periods of probation, or any other consequences like that before you'll be able to join, however it does not mean an automatic exclusion.


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## CuriousIndividual (25 Dec 2012)

Thank you very much for taking the time to answer a question like this on christmas day.



That's actually much better news then I was expecting. I should have about four months less, about the time I'd need to brush up on swimming skills.

Once more, thank you very much for your time.


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## X Royal (26 Dec 2012)

Long gone are the days of "_5 years in the Army *or* 5 years in jail - your choice son_.)


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## The_Falcon (26 Dec 2012)

It's not a grey area at all, you will need to fully complete all obligations to the justice system prior to the CF looking at your application.  If you apply anyways, it will be found out and your file will be closed until such time your obligation is complete.  After it is complete, you will still need to speak with the MCC regarding the circumstances of the convictions.


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## Jarnhamar (26 Dec 2012)

CuriousIndividual said:
			
		

> Thank you very much for taking the time to answer a question like this on christmas day.



It seems like a number of people registered on Christmas day and had the same kind of questions.


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## PrettyMaggie63 (27 Dec 2012)

EDIT** I'd like to add that I know if I had received a guilty charge, that I would not be eligible. It's just that at the end of this, there is no evidence against a background check indicating any time even spent in court. 

Not a dent on my criminal record other then that.
[/quote]

Just an FYI, after 3 years a conditional discharge is automatically removed from your record (at this point in time), however, the court records and local police records still have that information and WILL release it when called upon, ie: a vulnerable sector check. You will need to apply to request to have it removed after the 3 years. The legal obligations, ie: probation, must be fulfilled before you can apply, but the conditional discharge itself does not give you an automatic refusal, but could make you a "less desirable" candidate. 

My advice to is to apply for a records removal once eligible as it will come back to haunt you down the road in your job search should it not work out with the CF


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## kevincanada (5 Jan 2013)

You can also look into a pardon and having that aspect sealed by the courts.  Once a aspect of criminal activity on your record is sealed, If my knowledge is correct no agency is allowed to know what was sealed and it cannot not be used against you for any reason.  Hence it cannot influence cf recruitment.  It's considered a clean slate.  But there is qualifying and convince a judge to do it.  May not be a easy task, or financially easy also.  Don't take anything I said as being completely accurate.  I am generalizing the topics.


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## The_Falcon (6 Jan 2013)

kevincanada said:
			
		

> You can also look into a pardon and having that aspect sealed by the courts.  Once a aspect of criminal activity on your record is sealed, If my knowledge is correct no agency is allowed to know what was sealed and it cannot not be used against you for any reason.  Hence it cannot influence cf recruitment.  It's considered a clean slate.  But there is qualifying and convince a judge to do it.  May not be a easy task, or financially easy also.  Don't take anything I said as being completely accurate.  I am generalizing the topics.



A pardon is a clean slate, you don't need to try and get anything sealed.


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## PrettyMaggie63 (7 Jan 2013)

A pardon does not wipe the slate clean. If you received a conditional discharge, you will receive a pardon automatically providing there has not been any more criminal activity for 3 years. The local police records remain on file and will continue to be released at their discretion for purposes such as a vulnerable sector check. I know this for a fact as I recently have been down this path. After receiving my automatic pardon, I ran a vulnerable sector check and sure enough, it stated "subject of investigation" for blah, blah, blah, but indicates there is no criminal record on file. When I asked the police agency (OPP) about this their response was that it was their right and their discretion to release this information. I have since formally requested through the RCMP to have this information sealed, however, it takes several months, if it is even approved, and I don't know the outcome as of yet.


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## The_Falcon (8 Jan 2013)

PrettyMaggie63 said:
			
		

> A pardon does not wipe the slate clean. If you received a conditional discharge, you will receive a pardon automatically providing there has not been any more criminal activity for 3 years. The local police records remain on file and will continue to be released at their discretion for purposes such as a vulnerable sector check. I know this for a fact as I recently have been down this path. After receiving my automatic pardon, I ran a vulnerable sector check and sure enough, it stated "subject of investigation" for blah, blah, blah, but indicates there is no criminal record on file. When I asked the police agency (OPP) about this their response was that it was their right and their discretion to release this information. I have since formally requested through the RCMP to have this information sealed, however, it takes several months, if it is even approved, and I don't know the outcome as of yet.



That's nice but irrelevant.  A pardon is all that is required for CF recruiting, and even then having an unpardoned record is not a deal breaker.  A VSS is a completely separate matter, considering why you would need one, it makes perfect sense that all police dealings would be disclosed pardon or no pardon.  And in reference to the CF only people applying to COATS need a VSS, regular applicants don't require it.


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