Criminal Lawyer Edward Prutschi Discusses Disclosure of Records For Innocent People

It should be common sense that police shouldn’t be allowed to release records for people found innocent, who were acquitted, or who weren’t even charged. Ontario legislative thought so too, as they unanimously agreed to pass a law banning this.

Unfortunately, regulations haven’t been put in place to act on this legislature. Toronto criminal lawyer Edward Prutschi states this currently poses a problem because people don’t know if or when these records could appear.

Even if someone was found innocent or if charges were never brought forth, the records on the investigation could still show up on a background check. Having a criminal record can be devastating and ruin lives. The issue is that these people have records, but they aren’t criminals. Prutschi says they could still face the same consequences as criminal though, especially when applying for jobs, trying to cross borders, or volunteering for certain organizations. He believes it’s totally inappropriate and that the government needs to act now.

Read more from Edward Prutschi in the media.

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About the author

I am one of the senior partners at Bytensky Shikhman, a criminal litigation firm in Toronto, Ontario, Canada. In my 25+ year career, I have conducted numerous trials and appeals before all levels of Court in Ontario, defending just about every type of charge in our criminal law. I am also an Adjunct Professor of Trial Advocacy at Osgoode Hall Law School and currently the Treasurer of the Criminal Lawyers' Association of Ontario. I am also an Adjunct Professor for Trial Advocacy at Osgoode Hall Law School, York University and a regular lecturer and placement supervisor for Osgoode's Intensive Programme in Criminal Law.

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