Reviewed by Farid Zamani, Criminal Defence Lawyer
Facing a sexual assault investigation or pending charges in Toronto or anywhere in Ontario is a stressful experience. Beyond the courtroom, clients are often deeply concerned about how an active case will impact their daily lives, their employment, and their freedom of movement.
Under Canadian law, you are presumed innocent until proven guilty. Practically speaking, an ongoing investigation or a pending criminal charge interacts heavily with police record databases and border control systems.
This guide explains how Ontario law handles background checks during an active case, the restrictions you may face regarding travel, and why obtaining legal advice early is critical to protecting your future.
Overview of Disclosures
- Investigation, no charge: Generally not disclosed on a basic Criminal Record Check (CRC), a Criminal Record and Judicial Matters Check (CRJMC), or a Vulnerable Sector Check (VSC) under ordinary PRCRA rules. For U.S. travel, it may depend on the information available to U.S. authorities.
- Pending charge: Not disclosed as a pending charge on a basic CRC, but disclosed on a CRJMC and a VSC. For U.S. travel, it may cause scrutiny, but it is not automatic inadmissibility.
- Withdrawn/stayed charge: Not disclosed on a basic CRC and generally not disclosed on a CRJMC. Exceptional disclosure is possible on a VSC under a strict statutory test. U.S. travel rules remain separate.
Key Takeaways
- Investigations vs. Charges: A police investigation where no charge has been laid is generally not disclosed on the standard Ontario police record checks governed by the Police Record Checks Reform Act, 2015. Some specialized or exempted checks are governed by different rules.
- Pending Charges and Police Checks: The pending charge itself is not disclosed on a Criminal Record Check, but will appear on higher-level checks.
- Canadian Travel Restrictions: If a release condition requires you to remain within a specified jurisdiction, travelling outside that area can result in an allegation of failing to comply with your release conditions. A conviction under section 145 requires the Crown to prove the required mental element, and the Criminal Code recognizes a lawful-excuse defence.
- U.S. Border Risks: U.S. law-enforcement authorities, including Customs and Border Protection, have access to certain Canadian police information through cross-border information-sharing arrangements. A pending charge or warrant recorded in Canadian police systems may therefore come to the attention of U.S. authorities.
Will Pending Charges Show Up on a Background Check?
If you are applying for a job, housing, or a volunteer position in Ontario, you may be asked to provide a police record check. The rules for what can be disclosed are governed strictly by the Police Record Checks Reform Act, 2015 (PRCRA).
For police record checks governed by the PRCRA, the results are generally provided to you first. You can review the information before authorizing the police record check provider to disclose it to the employer or other requesting organization.
The PRCRA standardizes background checks into three specific levels. Whether an active sexual assault charge appears depends on which level is requested:
1. Criminal Record Check (Level 1)
This is the most basic screening. A basic Criminal Record Check generally contains applicable convictions. The pending charge itself is not disclosed on a Criminal Record Check.
2. Criminal Record and Judicial Matters Check (Level 2)
This check goes a step further and provides a more comprehensive picture of your interactions with the legal system. A Criminal Record and Judicial Matters Check adds outstanding charges, arrest warrants, discharges, and certain judicial orders. If you are currently facing a sexual assault charge, it will be disclosed here.
3. Vulnerable Sector Check (Level 3)
This is the most comprehensive check, reserved for individuals working in positions of trust with children or vulnerable populations. Because a Vulnerable Sector Check includes the information contained in a Criminal Record and Judicial Matters Check, an outstanding criminal charge is disclosed.
Can a Pending Sexual Assault Charge Affect Employment in Ontario?
The effect of a pending charge on your employment depends heavily on which police check is requested, internal workplace rules, professional regulatory bodies, and applicable employment or human rights law. If a Criminal Record and Judicial Matters Check or Vulnerable Sector Check is lawfully requested and completed, a pending sexual assault charge will generally be disclosed. Depending on the workplace, this could lead to questions, a temporary suspension, or other professional consequences. Consider speaking with an employment lawyer or the appropriate regulatory lawyer about employment or professional consequences.
Can I Leave Ontario or Canada With Pending Charges?
If you have been charged, your ability to travel depends entirely on the release paperwork you received from the police or the court.
- Appearance Notice (Form 9): This document provides a date for fingerprinting and a first court appearance.
- Undertaking (Form 10): Issued at the police station, this paperwork may contain specific conditions, such as requiring you to remain in the province of Ontario.
- Release Order (Form 11): If you were held for a bail hearing, you will have a Release Order. The court may impose conditions such as requiring you to surrender your passport, remain in the province, or reside with a surety.
Do not travel contrary to an existing release condition. Depending on the type of release document, the condition may be changed by written consent of the required parties or through a court application. Make sure the variation is legally effective before travelling.
What Happens at the U.S. Border?
Even if your Canadian bail conditions allow you to travel, crossing into the United States is a completely different matter.
U.S. law-enforcement authorities, including Customs and Border Protection, have access to certain Canadian police information through cross-border information-sharing arrangements. A pending charge or warrant recorded in Canadian police systems may therefore come to the attention of U.S. authorities.
A pending Canadian charge does not automatically amount to criminal inadmissibility under U.S. law. However, it may lead to additional questioning or scrutiny at the border. A conviction for certain offences can create inadmissibility issues, including where U.S. law treats the offence as a crime involving moral turpitude.
CBP may refer the traveller for additional questioning, request further information, or determine that the person has not established admissibility. A refusal or withdrawal of an application for admission may also create a U.S. immigration record.
Do not provide false information to U.S. border officials.
Talk to a Lawyer About Your Options
Navigating employment checks and travel restrictions while fighting a sexual assault allegation requires careful legal strategy. A criminal defence lawyer can assist with bail variations, advise you on border crossing risks, and advise you about the record-check and travel implications of the case. Contact Zamani Law to request a confidential consultation regarding your circumstances.
Frequently Asked Questions
Does a sexual assault investigation appear on a police check?
A police investigation where no charge has been laid is generally not disclosed on the standard Ontario police record checks governed by the Police Record Checks Reform Act, 2015. Some specialized or exempted checks are governed by different rules.
Will a criminal charge that was withdrawn show up on my background check?
Non-conviction information can exceptionally appear on a Vulnerable Sector Check only where the strict section 10 test is satisfied, including the prescribed-offence, vulnerable-victim, and pattern-of-predation criteria.
Does a pending sexual assault charge mean I need a U.S. Entry Waiver?
Not automatically. A pending Canadian charge is not the same as a conviction and does not by itself mean that a person requires a U.S. inadmissibility waiver. Whether someone is admissible, or needs a waiver, depends on U.S. immigration law and the specific circumstances. Consider obtaining advice from a U.S. immigration lawyer before travelling.
Can I travel within Canada while charged with sexual assault?
Your ability to travel within Canada depends on your release conditions. If a release condition requires you to remain within a specified jurisdiction, travelling outside that area can result in an allegation of failing to comply with your release conditions.
Can I leave Canada while on bail?
You may be able to leave Canada if doing so would not breach any condition of your undertaking or release order. If your conditions require you to remain within a specified area or require you to surrender your passport, those conditions must be legally varied before you travel. Depending on the type of release document, a variation may be made with the written consent of the required parties or may require a court application.
Last legally reviewed: September 12, 2026
Legal Disclaimer
This article provides general legal information and is not legal advice. Reading it or contacting Zamani Law does not by itself create a lawyer-client relationship. Criminal cases depend on the specific facts, charges, Crown election, and current law. Laws and court decisions may change after publication. Obtain advice from a criminal defence lawyer about your own circumstances. No particular result is promised or guaranteed.
About the Author
Farid Zamani is a criminal defence lawyer licensed by the Law Society of Ontario and the founder of Zamani Law. After earning his law degree at Buckingham Law School in the U.K., he worked at Daley Byers Criminal Law for 12 years before establishing his own practice. Farid represents clients facing criminal charges in Ontario, including serious allegations such as sexual assault. He is also the co-founder of the non-profit Children Without Borders.