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How to Destroy Fingerprints & Photographs Records?
The following information and applications on this page are for informational purposes ONLY and is NOT to be considered legal advice from Farjoud Law. BEFORE acting on any information or submitting any applications, it is absolutely crucial to consult a criminal defence lawyer regarding your specific matter.
The information regarding the destruction of records in this post ONLY applies to criminal cases where the accused was determined to be not guilty or the charges were withdrawn/stayed. If you have been convicted of a criminal offence, you should consult a lawyer regarding an application for a record suspension (formerly referred to as a ‘pardon’)
In order to submit an application for the destruction of fingerprints & photographs, you must satisfy all of the specific conditions of the police agency that laid the charge(s).
MINIMUM REQUIRMENTS TO APPLY
Most police agencies will generally require all applicants satisfy the following conditions:
Must not have a previous criminal record;
Must not have any current outstanding charges;
Must not be the subject of any outstanding warrants;
Must not be the subject of any outstanding peace bonds;
Must not be on any outstanding form of release;
Must not be subject to any firearms prohibitions; and,
Must not have submitted a previous application for destruction
WAITING PERIOD BEFORE APPLYING
If all the aforementioned conditions are met, you may submit an application to request your fingerprints and photos be destroyed. If there is a waiting period before you can apply, you must ensure that period of time has expired. The waiting period is determined by the disposition of the case. Policies and procedures regarding the application process may vary in different jurisdictions.
An applicant will be required to wait a certain period of time after their charge(s) are withdrawn/found not-guilty before submitting an application:
Absolute Discharge: 1 year waiting period from the final disposition date (last court date)
Conditional Discharge: 3 year waiting period from the final disposition date
Peace Bond: final date of the expiration of the period of peace bond (1-3 years commonly)
Not Guilty Verdict: 30 days* to 5 months** (depending on jurisdiction) from final date of disposition
Withdrawn by Crown: 30 days* to 5 months** (depending on jurisdiction) from final date of disposition
Stayed by Crown or Judge: 1 year waiting period from the final disposition date
* Minimum 30-day waiting period is to ensure that the period of time that a criminal case can be appealed has expired.
**Certain police agencies may require a processing fee (range between $20-60) be paid with all applications, while other police services will process the applications at no cost.
OTHER IMPORTANT FACTS ABOUT THE FINGERPRINT DESTRUCTION APPLICATION:
Applicant must be at least 18 years of age
There is NO guarantee fingerprint & photograph records will be destroyed by the local police agency and/or the RCMP
It may take up to 12 months to process an application & to obtain a decision
Applications are decided solely by the local police agency.
If the police agency decides to destroy an individual’s fingerprints/photographs, they will provide notification of the decision in writing to the applicant (or his/her counsel) as well as indicate in writing that the records have in fact been destroyed
Rules and policies regarding the application process may vary across different police agencies
If the local police agency approves an application (to destroy the records), they will notify the RCMP of their decision and make a recommendation to the RCMP to destroy the records as well
The ultimate decision to destroy (RCMP) records is made solely by the RCMP
You can request to observe the destruction of the records in person
APPLICATIONS FOR DESTRUCTION OF FINGERPRINTS & PHOTOGRAPHS
Dowload applications by clicking on the link found under the Application Form column
NOTE TO ALL READERS: Do NOT rely on the contents/information provided in the article as legal advice—the contents of this page are solely for informational purposes and before acting on any of the aforementioned information/contents of this article, please consult with a criminal defence lawyer.
CONTACT FARJOUD LAW TORONTO CRIMINAL LAWYER
If you or someone you care about has been charged with a criminal offence, please contact a Toronto criminal lawyer regarding your rights. Call Farjoud Law at (647) 606-6776 to speak with a criminal lawyer. Available 24 hours a day, 7 days a week.
Farjoud Law is located at 4950 Yonge Street, Suite 2200 in the neighbourhood of North York in Toronto, Ontario. Click here for directions to the office