2. When the police can refuse to destroy your records

If you were accused of committing a primary or secondary designated offence, the police can refuse to destroy your fingerprint records and photos. The Criminal Code identifies which offences are primary and secondary designated offences.

Primary offences include:

• sexual assault
• serious assaults

Secondary offences include:

• assault
• uttering threats
• more serious drug related offences

The Toronto police may also refuse to destroy your fingerprint records and photos if they think it's not in the public's best interest. Their procedures do not provide more information about what this might mean. They do not explain what types of situations would not be in the public's best interest.

You can appeal a refusal to destroy fingerprints by written request. A lawyer can help you appeal the decision if there are no case specific reasons to keep your fingerprint records.