A peace bond issued under section 810 of the Criminal Code lasts for a set period, generally up to 12 months. Once it expires, the conditions attached to the order are no longer enforceable. However, that does not necessarily mean every record connected to the peace bond disappears at the same time.
For someone who agreed to a peace bond specifically to avoid a criminal conviction, it is important to understand both what happens when the order expires and what information may remain in police records or appear on certain background checks afterward.
Does a Peace Bond Simply End?
Once a peace bond expires, its conditions, such as no-contact or stay-away requirements, no longer apply. There is no automatic renewal or extension of the existing order.
If the person who originally applied for the peace bond still has a reasonable fear of harm, they would need to make a new application and demonstrate that there continue to be reasonable grounds for that fear.
Where a peace bond was used to resolve an underlying criminal charge, the Crown prosecutor no longer proceeds on the criminal charge when a peace bond is entered into. The criminal charge does not remain outstanding throughout the peace bond period waiting to be revived later.
Entering into a peace bond is also not an admission of guilt and does not, on its own, result in a criminal conviction.
Does a Peace Bond Appear on a Criminal Record?
A standard criminal record check discloses criminal convictions. Because a peace bond is not a conviction, it does not appear as one on this type of check.
More detailed checks can be different. A peace bond may appear on searches which show non-conviction records.
A criminal record and judicial matters check, or vulnerable sector check may draw on broader police databases. While a peace bond is active, it may appear as an outstanding judicial matter.
These more detailed checks are often required for employment or volunteer positions involving children, seniors, or other vulnerable people, making the question of what remains on file particularly important.
Can a Peace Bond Still Appear After It Expires?
This is where people are sometimes surprised.
Even after a peace bond expires, information related to the matter may remain in police databases for a period of time. A peace bond can appear as a non-conviction record. Non-conviction records show that you were charged with a criminal offence but were not convicted.
Whether a peace bond appears on a vulnerable sector check can depend on the policies of the particular police service holding the records.
There is no single retention rule that applies uniformly to every police agency in Canada, so the length of time information remains accessible can vary.
Fingerprints and photographs taken in connection with the original charge may also remain on file independently of the peace bond. These records are separate from the order itself and are not automatically destroyed simply because the peace bond has expired.
Can These Records Be Removed?
Someone concerned about records remaining on file can apply to the police service holding them and request the destruction of fingerprints, photographs, and related records.
Each police service has its own policies and criteria for these requests, and approval is not automatic. The police service reviewing the application has discretion over whether the records will be destroyed.
This process is separate from the expiry of the peace bond itself and generally cannot be pursued until the peace bond has ended.
Anyone considering a record destruction request should be prepared to provide information about the circumstances of the original charge and explain why destruction of the records is appropriate.
What If the Peace Bond Was Breached Before It Expired?
The expiry of a peace bond does not erase a breach that occurred while the order was still in force.
Breaching the conditions of a peace bond is a separate criminal offence under section 811 of the Criminal Code. A conviction for breaching a peace bond can result in a criminal record even though entering into the original peace bond did not.
This is why it is important to understand every condition before agreeing to a peace bond. Conditions that are vague, overly broad, or difficult to follow can increase the risk of an alleged breach.
Why This Can Still Matter Years Later
Someone who accepted a peace bond to avoid a criminal conviction may understandably assume that the matter is fully behind them once the order expires.
For many everyday purposes, that may be true. However, issues can arise later when applying for employment or volunteer roles that require more detailed background screening, particularly in healthcare, education, coaching, or other positions involving vulnerable people.
Understanding how a peace bond may interact with future record checks can therefore be important before agreeing to one. It may affect whether a person accepts the proposed terms, seeks a shorter duration, negotiates specific conditions, or contests the application.
Speak With a Criminal Defence Lawyer
A peace bond can resolve a criminal matter without a finding of guilt, but its effects do not always end neatly on the date the order expires.
If you have questions about a peace bond, the conditions being proposed, or an expired peace bond that continues to surface during background screening, contact Michael Shapray for a confidential consultation.