The Difference Between a Canadian RCMP Certified Criminal Record Check and the Privacy Act Check
06 september 2023 

The Difference Between a Canadian RCMP Certified Criminal Record Check and the Privacy Act Check

Obtaining a visa or permanent residency in another country is a complex process that often requires the submission of various documents and background checks. When it comes to immigration to the United States, applicants must provide specific documents to meet the requirements. One of the documents that can sometimes confuse applicants is the RCMP Certified Criminal Record Check and the Privacy Act Check. In this blog post, we will explain the difference between these two checks and why the RCMP Certified Criminal Record Check is not accepted for a Green Card application in the U.S.

RCMP Certified Criminal Record Check:
An RCMP Certified Criminal Record Check is a document issued by the Royal Canadian Mounted Police, the national police force of Canada. This document contains detailed information about an individual's criminal history in Canada, including arrests, convictions, and other relevant criminal data. It is intended to show whether someone has a criminal record and, if so, what criminal offenses have been committed.

Applicants can request an RCMP Certified Criminal Record Check for various purposes, including employment-related applications, volunteering, immigration procedures, and more.

Privacy Act Check:
A Privacy Act Check pertains to compliance with Canada's privacy laws when collecting, storing, using, and sharing personal information of individuals. It verifies whether organizations and government agencies adhere to the relevant privacy laws and regulations when processing personal data. This process is intended to protect the privacy of individuals and ensure that personal information is not inappropriately used or shared.

Why Is an RCMP Certified Criminal Record Check Not Accepted for a Green Card Application in the U.S.?
It may seem confusing why an RCMP Certified Criminal Record Check, which contains detailed information about an individual's criminal history, is not sufficient for a Green Card application in the United States. The main difference lies in the legal and privacy aspects of data exchange between countries.

The United States and Canada each have their own privacy laws and protocols for sharing personal information and criminal data. The Privacy Act in Canada and comparable laws in the United States regulate how personal information is handled and shared.

To comply with privacy laws in both countries, an applicant for a Green Card in the United States must undergo specific checks that meet U.S. legal requirements. This includes obtaining a U.S. version of a criminal record check that adheres to U.S. standards and legal requirements.

In summary, if you require a certified criminal record check from Canada for your U.S. Green Card application, always select "Privacy Act" as the document type you wish to receive.

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