How do I get my fingerprint records destroyed?
Question & AnswerHow do I get my fingerprint records destroyed?
1. Find out if you can have your records destroyed
If you have had your fingerprints taken, it's important to find out if your records can be destroyed. It can affect your life if you have the records on file, so it is important to ask for the records to be destroyed if they can be.
If you were not convicted
You must submit your application to the local police agency where you were charged. They will only consider your request to have your fingerprint records and photos destroyed if:
- you don't have any criminal convictions
- you don't have any outstanding charges
- you were 18 years or older on the date of your . There is a different procedure for youth governed by the Youth Criminal Justice Act.
You must also meet one of the following conditions before they will consider destroying your records:
- The charges against you have been
- You entered into a
- You entered into an or a
- You were found not guilty after
- Your charges were and a year has passed since they were stayed
If you were convicted
If you were of a crime, you need to have a before you apply to have your records destroyed. A record suspension used to be called a . The police will not consider your request to have your records destroyed without this document.
You can apply for a record of suspension directly from the Parole Board of Canada. You can only apply if your and the waiting period for your have both expired. The waiting period is 5 years for a , and 10 years for an .
To apply for a record suspension, you must pay a fee. The Parole Board will decide whether to suspend your criminal record. Their decision is based on whether you've shown yourself to be a law abiding citizen.
Even if you have a record suspension, the police may decide not to destroy your records.