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Is The Employer Allowed To Ask Me For This Information

Do you have the right to RECORD Police?

On 1 December 2021, a spent convictions scheme began in Victoria. Once a conviction becomes spent, it no longer forms part of your criminal record. An employer cannot ask about a spent conviction . In most cases you do not have to tell an employer about a spent conviction.

An employer will still be able to ask about convictions that are not spent. You can refuse to let the employer do the check. But this would probably mean that you do not get interviewed or considered for the job.

Once you have agreed, the employer can ask Victoria Police for criminal records information. Victoria Police will only do a criminal record check if you agree in writing and sign a consent form.

Some employers cannot employ people with certain criminal records. For example, employers that work with children or vulnerable people cannot employ people with convictions for violent or sexual offences or crimes involving children.

Can An Organisation Release Information About Me To The Police

Data Protection legislation allows organisations to share personal information if it is needed to prevent or detect a crime, or to catch and prosecute a suspect.

Organisations are most likely to receive requests like this from the police, but they may also be from other organisations that have a crime prevention or law enforcement function – for example, the Department for Work and Pensions Benefit Fraud Section.

In these circumstances they don’t have to let an individual know that information has been shared, or provide access to it, if this is likely to prejudice an ongoing investigation.

Creating And Destroying A Criminal Record

A criminal record will be created after sentencing because of a violation or crime. The record will exist for 5 years in case of violations or 20 years for crimes. If the sentence is three years of imprisonment or longer, 30 years will be added at the time the criminal record will be stored. A traffic violation will not be stored in a criminal record, unless there will be a trial. Normally the traffic fine is given by a police officer, and the payment is generally done by banking. There will not be a trial, nor an addition in a criminal record.In case of sexual crimes the criminal record will be destroyed after 80 years.

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Rules For Recording Police

Written by Steve Silverman

This article by Steve Silverman originally appeared on April 5, 2012, in Reason.com. Its been updated to include new information regarding recent rulings in favor of citizens right to record.

Last week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony arrest for videotaping police roughing up a suspect. Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a constitutionally protected right to videotape police carrying out their duties in public. The Boston Police Department now explicitly instructs its officers not to arrest citizens openly recording them in public.

Slowly but surely the courts are recognizing that recording on-duty police is a protected First Amendment activity. But in the meantime, police around the country continue to intimidate and arrest citizens for doing just that. So if youre an aspiring cop watcher you must be uniquely prepared to deal with hostile cops.

If you choose to record the police you can reduce the risk of terrible legal consequences and video loss by understanding your states laws and carefully adhering to the following rules.

Rule #1: Know the Law

Rule #2 Dont Secretly Record Police

Rule #3: Respond to Shit Cops Say

What are you doing?

Let me see your ID.

Please stop recording me. Its against the law.

Stand back.

Rule #4: Dont Share Your Video with Police

When Recording Constitutes Some Other Crime

How to Responsibly Exercise Your Right to Record the Police

The right to record doesn’t give you a right to break other laws while recording. Among other offenses, your recording could result in an allegation that you have committed disorderly conduct, harassment, stalking, or trespass. Whether you can be prosecuted for such crimes will depend on the facts of each case.

Where there’s no evidence that the arrest of a citizen is motivated by, in retaliation for, or meant to suppress the citizen’s recording, the arrest may be valid. Recording an officer during an arrest for stalking, for example, might be part of the stalking offense. In that situation, the general freedom to record isn’t a defense to stalking. If the officer has probable cause to believe you are stalking her and isn’t motivated to make the arrest because you are recording her, the arrest may well be lawful.

But such criminal allegations are unlikely to stick where the courts see them as attempts by officers to retaliate against and suppress the exercise of First Amendment rights.

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Disclosure Of Youth Records

This is one of the most significant changes to record checks in Ontario. Youth records are only permitted to be disclosed in two circumstances:

  • To the youth themselves, who is not permitted to further disclose Findings of Guilt and must remove any results from the record check before sharing with agencies or
  • To the Government of Canada or the government of a province or a municipality for purposes of employment or the performances of services, with or without remuneration
  • Only federal, provincial and municipal government agencies will receive youth records.

    The PRCRA regulates how police services release Police Record Checks containing youth records to applicants. Up until now, police services have released a PRC containing youth records directly to the applicant who then provide the PRC to the organization or volunteer agency. The federal and provincial government has found this approach to be contrary to the Federal Youth Criminal Justice Act .

    The only authorized release of a PRC containing youth records will be to a federal, provincial or municipal government. Applicants can gain access to their own record through the Federal Access to Information process but this record is not a PRC and is not allowed to be shared with any other agency.

    Police services are unable to disclose whether or not there is a youth record.

    Cases Where We Have Helped Clients Delete Their Police Record Data

    We have successfully helped clients remove their personal data from police systems in many cases.

    For example:

    1. We helped Andrea Johnson after she was wrongfully convicted for assaulting a police officer in the execution of his duty.

    Deleting her police data was important to Miss Johnson because she worked as an SIA-accredited security guard. Disclosing the conviction for a violent criminal act against a police officer on her DBS record meant she was effectively unemployable.

    Clearing her police record meant she could continue to work in a field she loved, and gave her a sense that justice had been done.

    2. We also helped Nigel Lang get his personal data deleted after he was wrongfully arrested on suspicion of possessing indecent images of children.

    Mr Lang was shocked and distressed by his wrongful arrest and detention. Matters were made much worse because he was immediately suspended from work as a drug recovery worker.

    He was suspected of the most heinous crime, and had to live with the cloud of suspicion. It greatly affected his mental health.

    With our help Mr Lang got £60,000 compensation and deletion of police data relating to the incident and arrest.

    3. We got a criminal defence solicitors police records cleared after she was wrongfully arrested by West Mercia Police on suspicion of theft.

    But worse for our client was the fact that this was a dishonesty offence. If convicted she would lose her job and get struck off the roll of solicitors.

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    If You Cant Get A Police Certificate From Your Country Or Territory

    If youre unable to get a police certificate from a country, youre responsible to show why you cant get one.

    To prove that you cant get a police certificate, you must:

    • show proof that you requested a police certificate from the correct authorities and
    • write a letter explaining all the efforts you have taken to get one

    Even if you send us the above items, this is not a guarantee of acceptance.

    The Police Want Me To Come Into The Station Or Meet Them Somewhere It Sounds Like Someone May Have Told The Police That I Broke The Law Will They Arrest Me When I Meet With Them

    The right to record police

    They might. If the police want to meet with you and it seems like they are investigating you for having committed an offence, there is a good chance that the police do not just want to meet with you, but also plan to arrest you and try to take a statement from you.

    Sometimes, the police ask to meet with people when they already have a warrant for the persons arrest. Other times, they have enough evidence to arrest someone and they simply want the person to meet them so they can be formally placed under arrest. And in other cases, the police do not have enough evidence to charge someone, and they are hoping the person tells them something that gives them enough evidence to arrest them.

    If the police want to meet with you, you should consider calling a lawyer for advice before meeting with them. If you meet with the police and they tell you that you are under arrest or that you are being detained, tell them you want to speak to a lawyer immediately. You have the right to speak with a lawyer before the police question you or attempt to take a statement from you.

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    Did You Receive An Attend Letter

    If you receive an “attend” letter after submitting your application, follow instructions.

    Individuals are requested to “follow-up” and attend the Customer Service Unit for a variety of reasons. Follow-up requests may be related to:

    • submission of fingerprints to confirm or eliminate a criminal record associated to an applicants information
    • Failure to submit a self-declaration form if you have existing criminal conviction
    • submission of fingerprints for the Vulnerable Sector search to confirm or eliminate a pardon associated to applicants information.
    • A vulnerable sector check is conducted as part of a criminal record check. It is a search of records suspended sexual offences. The vulnerable sector check is national RCMP policy and requires applicants who have a combination of name and/or gender and/or date of birth as a pardoned/suspended sex offender to undergo fingerprinting to verify their identity. The vast majority of those fingerprinted will not have a pardoned/suspended sexual offence however fingerprinting remains a necessity as it eliminates the possibility of an offender changing their name to circumvent a criminal record. This is not an accusation of criminal activity or guilt fingerprints are used to confirm your identity only. Please see the RCMP website for more information.

    NOTE: The above information cannot be discussed over the phone however the Police Information Check Unit will disclose this follow-up request when you attend.

    Can My Employer Ask Me About Past Convictions

    Generally, yes. It is legal for your employer to ask about all convictions, including misdemeanors as well as felonies. However, when your employer can ask you about your past convictions may be restricted by law.

    Effective January 1, 2018, most public and private employers are not be permitted to inquire into an applicants criminal conviction history until after giving the applicant a conditional offer of employment. For more information about this law, called the California Fair Chance Act , please visit this website: Department of Fair Employment and Housing Fact Sheet on California Fair Chance Act and Legal Aid at Works Rights of Job Seekers with Criminal Records fact sheet.

    With some exceptions, an employer may also not ask or use convictions that have been judicially dismissed or ordered sealed to deny you employment.

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    When Should I Expect A Response

    The law requires that an agency respond to any Public Record Act request in 10 days, acknowledging the request, giving a timeline for a full response and informing the requestor if they are claiming any exemptions.11 An agency can ask for a 14-day extension to respond to the request. The more extensive the request, or if it may require a lot of redactions to keep certain information confidential, the longer it may take to respond. While agencies are supposed to respond promptly, many agencies often take a long time. If you haven’t heard from them, follow-up reminding them that you are still awaiting a response, and document every contact with the agency.

    Also, if you are seeking information about a relatively-recent serious use of force, an agency has the right but is not required to temporarily withhold the relevant documents if there is an ongoing criminal or administrative investigation that could be harmed by the release of these documents.12 How long the agency can withhold depends on whether investigation is criminal or just administrative, but in most cases it cannot withhold longer than 18 months after the incident occurred. If criminal charges are filed, the material can be withheld until the criminal case has ended.13

    Virginia Police Identify 2 Victims Of Shopping Cart Killer

    What Do I Have to Tell the Police if They Stop Me ...

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    FAIRFAX, Va. Authorities in Virginia have positively identified the remains of two women they say were killed by a man they believe is a serial killer who used a shopping cart to transport his victims bodies after meeting them on dating sites.

    Multiple news outlets report that police said DNA analysis confirmed that remains found in a container in Fairfax County on Dec. 15 belong to 29-year-old Cheyenne Brown, of Washington, D.C., and 48-year-old Stephanie Harrison, of Redding, Calif.

    WHSV-TV reports that Fairfax County Police Chief Keven Davis and Major Ed OCarroll made the announcement during a news conference Friday evening.

    Police believe Anthony Robinson, 35, of Washington, D.C., is responsible for the deaths of four women found at two different locations in Virginia.

    Police arrested Robinson in November and charged him with two counts of murder after finding two bodies in a vacant lot in Harrisonburg.

    Evidence uncovered after Robinsons arrest led police to search an area near the Moon Inn in Fairfax County.

    During the search, detectives noticed a shopping cart and recalled that a cart had been used to transport the bodies in the Harrisonburg cases.

    Near the shopping cart was a large plastic container that held the remains of two women.

    Fairfax County Police Chief Kevin Davis said Friday that Robinson remains our primary suspect in the killings of Brown and Harrison.

    A possible fifth victim has been identified in the Washington, D.C. area.

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    Record Checks For People Living Outside Of Canada

    The Waterloo Regional Police Service does not provide police record checks to people living outside of Canada. If you live out of the country, and need confirmation that you have no criminal record in Canada, you may obtain a copy of your Canadian Criminal Record through the Royal Canadian Mounted Police .

    Please visit the RCMP website for detailed instructions and costs.

    Your First Amendment Right To Record Police Exercising Their Official Duties In Public

    You have a First Amendment right to record the police. Federal courts and the Justice Department have recognized the right of individuals to record the police. Although the Supreme Court has not squarely ruled on the issue, there is a long line of First Amendment case law from the high court that supports the right to record the police. And federal appellate courts in the First , Third, Fifth, Seventh, Ninth, and Eleventh Circuits have directly upheld this right. EFF has advocated for this right inmanyamicusbriefs.

    Federal appellate courts typically frame the right to record the police as the right to record officers exercising their official duties in public. Thus, if the police officer is off-duty or is in a private space that you dont also have a right to be in, your right to record the officer may be limited.

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    What To Know When Recording The Police

    • You have the right to record police officers exercising their official duties in public.
    • Stay calm and courteous.
    • Do not interfere with police officers. If you are a bystander, stand at a safe distance from the scene that you are recording.
    • You may take photos or record video and/or audio.
    • Police officers cannot order you to move because you are recording, but they may order you to move for public safety reasons even if you are recording.
    • Police officers may not search your cell phone or other device without a warrant based on probable cause from a judge, even if you are under arrest. Thus, you may refuse a request from an officer to review or delete what you recorded. You also may refuse to unlock your phone or provide your passcode.
    • Despite reasonably exercising your First Amendment rights, police may illegally retaliate against you in a number of ways including with arrest, destruction of your device, and bodily harm. We urge you to remain alert and mindful about this possibility.

    What Everyone Should Know About Deleting Police Data

    How To Protect Your Rights When Videotaping The Police From The Street

    There is something you should know before you spend time and money trying to clear your police criminal record data. Its this:

    Deleting police data is discretionary.

    Not everyone can get their police data and PNC record removed. If you were lawfully and correctly convicted it is highly unlikely the police will agree to removing it. Even if you were not convicted, if the police lawfully took and/ or made data with your details they might refuse.

    Requests to check criminal records have to be filed using the correct procedure, which varies depending on the police force. But all applications are considered by a senior police officer for approval.

    The police have to consider each case carefully on its merits. They must balance public law principles, including the need to protect the public and act reasonably, with an individual applicants right to privacy. Its a difficult exercise which takes time and experience on the part of both the applicant and the police officer.

    Senior officers are busy people. Considering a data deletion request is time-consuming. As a result, these matters can take many months before being resolved.

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