Application can be made for destruction of fingerprints, photographs and records of disposition in relation to an arrest by the Peel Regional Police which did not result in a conviction.
There is a 60 day waiting period from the date of the last court appearance before an application will be processed. This is to ensure that all pertinent documents are accessible for recall.
The following conditions must also apply before the request is approved:
- The applicant cannot have any criminal convictions,
- The applicant cannot have outstanding charges before the courts,
- The applicant’s charges must have resulted in one or more of the following non-conviction dispositions:
- Acquittal: wait 30 days from date of disposition, plus an additional 30 days in the event of a late notification for appeal.
- Dismissal: wait 30 days from date of disposition, plus an additional 30 days in the event of a late notification for appeal.
- Not Criminally Responsible: at least five years from date of disposition.
- Not Guilty: wait 30 days from date of disposition, plus an additional 30 days in the event of a late notification for appeal.
- Stayed/Stay of Proceedings: after one year has elapsed from the date of disposition.
- Withdrawn: wait 30 days from date of disposition, plus an additional 30 days in the event of a late notification for appeal.
- Withdrawn & Peace Bond: after the Peace Bond has expired,
- Not Criminally Responsible: at least five years from date of disposition.
- For charges resulting in the following dispositions, as per section 6.2 of the Criminal Records Act, the information shall be sealed:
- Absolute Discharge: after one year has elapsed from the date of disposition.
- Conditional Discharge: after three years have elapsed from the date of disposition.
- Absolute or Conditional Discharge plus a judicial order: after the one or three years has elapsed and after the judicial order has expired.
If the applicant has non-conviction information listed with another police service, this information will need to be assessed as part of the process in determining if the request will be approved.
For Absolute or Conditional Discharges received before July 24, 1992, please visit the RCMP’s website for more information.
The Youth Criminal Justice Act is clear on the retention and disclosure of youth records, therefore an application for the destruction of fingerprints, photographs and records of disposition for young persons will not be accepted. The applicant must be an adult 18 years of age or older at the date of arrest.
It is our procedure to deny fingerprint destruction requests for a period of 5 years from the disposition date if there are mitigating circumstances such as a risk to public safety, if the charge(s) are of a serious nature or if the applicant is part of an ongoing investigation. Consideration will be given to those charge(s) that are listed as primary designated or secondary designated offences as defined in section 487.04 of the Criminal Code, R.S.C. 1985, c. C-46.
Receiving Your Request
Once the request is approved by Peel Regional Police, a request will be sent to the RCMP to purge their file. Once Peel Regional Police is advised by the RCMP the file has been purged, Peel Regional Police will then purge the fingerprints, photographs and record of disposition(s) in our files and notify the applicant of the destruction of both the RCMP and Peel Regional Police files.
Destruction of this information does not remove the event from the Peel Regional Police database.
The process can take approximately six to 12 months.
Application
If you would like us to destroy your fingerprints, photographs, and the record of disposition from any criminal charge that did not result in a conviction, send us a letter with the request and the following information:
- Applicant's full name, including middle name and any other names used (i.e. maiden name).
- Date of birth.
- Gender.
- Current address and phone number.
- What the criminal charge(s) and sentencing was.
Or you can mail in a Request for Destruction of Fingerprints and Photo form.
Requests can be faxed to 905-456-6210.
Mailing Address:
Send the destruction request letter or form to:
Peel Regional Police
Records Services - Court and Criminal Records
7150 Mississauga Road
Mississauga, ON L5N 8M5
Appeal Process
Eligibility for destruction of fingerprints, photographs and records of disposition is governed by policy and procedure.
An applicant will be notified in writing should their request for destruction be denied and supplied with the reason for refusal.
The applicant has the right to request a review of this decision by submitting a written appeal, within 60 business days of the refusal, to the Inspector of Records Services, at the below noted address. Further information to support an appeal requiring Peel Regional Police to give consideration to mitigating factors must be supplied, along with any court transcripts considered appropriate to substantiate the position.
Mitigating factors may include, but are not limited to:
- The seriousness or triviality of the alleged offence,
- Mitigating or aggravating circumstances.
Consideration will be given to each appeal request and a decision will be rendered within 90 business days of receipt of all documents required to complete the appeal process; delays in responding within the 90 business day period indicated may occur as a result of mitigating circumstances. The applicant will be notified of the outcome in writing. Should the appeal be denied, an individual may seek redress through the Courts.
Inspector, Records Services
7150 Mississauga Road
Mississauga, ON
L5N 8M5
Questions?
Contact us at 905-453-3311 ext. 4314
