A man who was investigated six years ago for two sexual assaults but never charged wants that information sealed or wiped from a police database used to provide background checks on people applying for certain jobs or volunteer positions.
The man, 37, has no criminal record.
He applied for a job at an organization that provides guidance and mentorship for disadvantaged youth and was told he would need to submit to a background check and screening, according to a petition filed by the man in B.C. Supreme Court.
Criminal lawyer Kyla Lee of Acumen Law Corporation said petitions to expunge police records are infrequent, in part because it poses a risk to the petitioner that the allegations will become public through the court process itself.
However, Lee, who is not involved in this case, said the option to have non-conviction records expunged is “an important aspect of our justice system.”
“Because people have the right to be presumed innocent, and police may not always identify the right suspect or reports could be made for spurious reasons, where charges are not approved a person has the right to not have an unproven allegation follow them for the rest of their lives,” said Lee.
“We also have important privacy values at play here. Having your non-conviction records protected from disclosure protects your privacy where you were investigated but never charged, and prevents these allegations from being used against you.”
