Originally Posted by
Rowan 
To be convicted means to be found guilty. Until the accused is found guilty, they do NOT have a criminal record, according to the law. Even though the accused may be 'up' on charges of impaired driving, this information is not normally disclosed in a routine criminal background check.
I'm pretty sure, though, that even if charges are withdrawn, this charge WILL show up on their record - but not until the matter is complete.
It's true that you won't have a criminal record until convicted, but withdrawn charges/acquittals/stays are not disclosed in background checks. The police can see them, and typically prosecutors (who would disclose them to defence counsel if applicable), but they won't be shown to prospective employers. In Canada, convictions are at the top, and the rest are at the bottom so they can be torn off if the record is printed out.