If you were arrested, fingerprinted, photographed and charged with a crime that did not result in a conviction in Court, you can ask that the identification documents relating to your criminal record history be destroyed.  Making a request does not guarantee that the records will be destroyed, but it allows for the review and consideration of the destruction of records held by MHPS.

Eligibility

In order to be eligible to make this request, the following conditions must be met:

• Must be an adult (18 years of age or older at date of arrest
• Cannot have any criminal convictions (no criminal record)
• Cannot have any outstanding/pending charges before the Courts
• Must not be the subject of interest by any other law enforcement agency
• The subject (alleged) offence cannot be listed as a primary designated offence as defined in section 487.04 of the Criminal Code, R.S.C. 1985, c. C-46.  Secondary designated offences will be considered on a case-by-case basis.

Mandatory Waiting Periods

• Prints taken for elimination purposes - no waiting period
• No charge was sworn and no other court proceedings - 1 year after fingerprint date
• Charge was withdrawn, stayed by Crown, quashed, or dismissed with no other associated disposition:  1 year after disposition date
• Charge was withdrawn, stayed by Crown, quashed or dismissed because of:
• Guilty plea to non-criminal charge - 1 year from plea entry date
• Peace Bond - 1 year after expiry of Peace Bond
• Alternate Measures or special Court programs - 1 year after successful completion of program
• Charge was stayed by the Court with no other associated disposition - 1 year from disposition
• Found not guilty by Court - 1 year from disposition
• Found not guilty by Court following an appeal - 1 year after conclusion of appeals or proceedings
• Absolute Discharge - 1 year after disposition
• Conditional Discharge - 3 years after disposition
• Not criminally responsible - 5 years after disposition

Making a Request - Expand the options below.