Conviction
A conviction is the court's formal finding of guilt for a criminal offence, accompanied by the registration of a sentence. The conviction creates a permanent criminal record, accessible to police agencies through the Canadian Police Information Centre (CPIC) and to certain authorized background checks. A conviction is the most consequential outcome short of a custodial sentence and carries collateral consequences well beyond the sentence itself.
Conviction vs. finding of guilt without conviction
It is possible to be found guilty without being convicted. An absolute discharge or conditional discharge under section 730 of the Criminal Code involves a finding of guilt but does not register a conviction. The accused walks away without a criminal record (subject to time-limited CPIC visibility). Convictions register; discharges do not — though both involve a finding of guilt.
Immediate consequences
A conviction triggers: a sentence (custodial, conditional, probationary, fine, or combination); the registration of the conviction in CPIC; possible mandatory ancillary orders (DNA orders, weapons prohibitions, SOIRA orders, driving prohibitions, section 161 orders, and others depending on the offence); and the start of the record-suspension waiting period (five years for summary, ten for indictable, beginning when all sentence components are complete).
Collateral consequences
A criminal conviction can affect: employment (criminal record checks are standard for many positions); professional licensing (lawyers, doctors, nurses, engineers, and many others must disclose); immigration status (non-citizens face inadmissibility for serious criminality and, in some cases, criminality alone); travel (the United States in particular can refuse entry); volunteer work (vulnerable sector checks); and child and family law matters (parenting and access can be affected).
Avoiding a conviction
Where the evidence is strong and outright acquittal isn't realistic, defence strategy often focuses on avoiding a conviction through alternative resolutions: an absolute or conditional discharge, a peace bond, a withdrawal in exchange for completion of conditions, or diversion. Mass Tsang's lawyers approach every case with a clear-eyed view of the long-term consequences of a conviction and pursue conviction-free outcomes where possible. For more, see our blog post on how criminal records work in Canada.
Related glossary terms
