Arrest Record Purge
Administration of Justice
If you have an arrest record in Canada, you may be wondering if it’s possible to have it purged. Thankfully, the answer is yes. Having an arrest record purged in Canada is a multi-step process that can take some time to complete. But, once it’s done, you will have a clean slate and be able to move forward with your life.
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Arrest Records
As far as your fingerprints and photos are concerned, you probably believe that after your arrest, the police will destroy them. Definitely not! No matter whether you are convicted or not, the Royal Canadian Mounted Police (RCMP) keeps your records on file until you request for them to be destroyed. Your files may also be accessed by Canadian police services (and even international agencies), including customs officials from different countries, the FBI, and likely Interpol.
Upon arrest, a Fingerprint Section (FPS) number is assigned to your name. Your name remains linked to this unique identifier. An agency will likely discover that you were arrested at some point in your life if they search for you. A discovery of this nature may lead to an increase in detention time and the number of questions asked. The negative effects of an arrest record on your life can be devastating. Employment, volunteerism, education, travel, immigration, child custody, and even housing prospects may be adversely affected by the existence of such a file.
We strongly recommend that you have your fingerprints and photographs destroyed as soon as you qualify. Following the purge of your fingerprints and photos, a criminal record check is less likely to include withdrawn charges. Imagine your arrest record being revealed by a vulnerable sector check. There would be a significant impact on professionals such as social workers, teachers, coaches, and daycare providers.
File Destruction Service
Use our file destruction service at an affordable price without sacrificing quality. Our goal is to provide you with quick and effective service so that you can return to your daily routine as soon as possible. We can assist you in destroying your arrest record the first time by making the right request. For those who need assistance managing all the information, self-service options are available.
Whether you are the accused or a family member who is trying to help, criminal law is quite complex. With the help of our team, you'll be able to make an informed choice about how to approach the criminal justice system. As a reputable paralegal firm, we can assist you throughout the entire process.
Check out our rates section if budget is an issue. We invite you to compare our rates with those of our competitors. The cost of our services won't be compromised by cutting corners. By choosing us, you are sure to save money.
Regardless of the reason for your arrest, you must follow the proper procedure for that particular police service. We can determine the right action based on your circumstances at each step.
You can rest assured that we will be able to guide you in the right direction through the help of our experienced team members, including a paralegal and a former federal parole officer. Our team members have extensive knowledge and experience in the legal system and criminal justice system. This means we can provide you with the most up-to-date information and advice on how to navigate the legal system.
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Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.
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Arrest Records
Some common information about arrest records.
Photographs & Fingerprint Records Exist
If you are not convicted, the arresting police and the Royal Canadian Mounted Police (RCMP) are still allowed to retain your fingerprints and photos. They will remain there until you request and receive permission to destroy them. In addition to keeping your arrest record in their local database, the local police department makes your fingerprints and photos available to other agencies, such as:
- All Canadian police services
- Canadian customs
- Federal Bureau of Investigation (FBI)
- Interpol
- RCMP
- United Kingdom (UK) customs
- United States customs
Travel, Employment & Other Activities
It could pose a problem for you if the police discover that you have been fingerprinted. Longer border waits or a delay in your immigration application may occur, for instance. If the police conduct a routine traffic stop on you, you might even find yourself spending more time with them.
A vulnerable sector check is required for many professions and volunteer positions. The police may be more likely to include a withdrawn charge that didn't lead to a conviction if they have fingerprints and photos on file. However, it is less likely that the police
will include withdrawn charges in a case after fingerprints and photos have been destroyed.
Although this is true, it is also crucial to remember that police can still find out that you were fingerprinted after they are destroyed. In the process of laying charges and fingerprinting, a Fingerprint Service (FPS) number is assigned. This number is stored by the RCMP for a long time. When agencies like US Customs search your records, they'll know that you've been charged in the past if you have
an FPS number.
Record Suspension May Be Needed
It is imperative to determine if destroying your fingerprint records is possible if your fingerprints have been taken. Even if you were acquitted, it could still affect your life. If you would like your fingerprints and photos to be purged by the arresting police service, please contact our office today.
Those who were acquitted could only contact the police agency which laid the charges. If you request the destruction of your fingerprint records and photos, they will only consider your request if:
- You have never been convicted of a crime.
- You have no outstanding charges.
- At the time of your arrest, you were 18 years old or older. Youths are subject to a different criminal justice procedure under the Youth Criminal Justice Act.
Additional Conditions:
- Charges against you were withdrawn by the Crown
- You entered into a peace bond
- A conditional discharge or an absolute discharge was granted to you
- After a trial, you were found not guilty
- A year has passed since your charges were stayed
You Were Convicted By the Crown:
- Before you can have your records destroyed, you must have a record suspension. In the past, a record suspension was called a pardon. Your request to destroy your records will only be considered by the police if this document is attached.
A record suspension can be requested directly from the Parole Board of Canada. It can only be used if your sentence and your offence's waiting period have expired. Summary offences have a waiting period of five years, and indictable offences have a waiting period of ten years.
There is a fee associated with applying for a record suspension. It is up to the Parole Board to decide whether or not to suspend your criminal record. You will be judged based on how law-abiding you are. The police may decide not to destroy your records even if your record is suspended.
The Police Can Refuse Your Request
Police may refuse to destroy fingerprint records and photos if you are accused of committing a primary or secondary designated offence. In the Criminal Code, primary and secondary designated offences are defined.
Primary Offences:
- Sexual assault
- Serious assaults
Secondary Offences:
- Assault
- Uttering threats
- More serious drug-related offences
Police services may only agree to destroy your fingerprint records and photos if they believe it is in the public's best interest. In other words, it's up to them. Nevertheless, you can appeal a refusal to destroy your fingerprints in writing. If there are no case-specific reasons for keeping your fingerprint records, we can help you appeal the decision.
Specific Time Must Have Passed
You have to wait a certain amount of time after an arrest before you can have your fingerprint and photo records destroyed. The waiting period varies depending on the city where the arrest occurred and how the Crown resolved your case.
For Example:
- If you entered into a peace bond, you must wait until the peace bond expires
- If you received an absolute discharge, you must wait one year
- If you received a conditional discharge, you must wait three years
- If you were convicted, you must first obtain a record suspension
Additionally, waiting times vary by location.
In Toronto, for Example, You May Have to Wait:
- In the event that your charges have been withdrawn or stayed five months after your last court appearance
- Following the expiration of peace bonds, six months should pass
File An Appeal If Your Application Is Denied
In the event that your request to destroy your fingerprints and photos is initially denied, you have the right to appeal. You must do it within 60 days of the date on your notice.
To find out who the Records Management Services Manager is, contact the arresting police service. Send a letter to the manager asking them to reconsider their decision. Describe why you believe you are eligible for an appeal. Describe any mitigating factors, such as being a minor or young at the time of the offence. There were many things impacting you at the time, such as difficulties with substance abuse, intelligence, or mental health. Do not forget to include any court transcripts or documents that support your claims.
A decision will be made within 60 days of your appeal. Your next step will be to ask a court to destroy your fingerprints and photos if your appeal is denied.
Frequently Asked Questions
Here are answers to some common questions.
Arrest Records
OUR TEAM WILL TAKE CARE OF IT
Helping You Succeed
It is only possible for the local police service that laid charges against you to destroy your fingerprint records and photos. If your local police agency approves, the Royal Canadian Mounted Police (RCMP) can also purge your records.
Ensure the right approach is taken the first time by leaving the work to us. Our team is familiar with the procedures of each police department. You can count on us to do the job right the first time. Besides saving you time, we will save you money. For fingerprint records and photographs, some police services charge a fee. For example, Durham Regional Police charge $65 for processing your application. It's just for processing your application. You will not receive a refund if the police do not destroy your records.
By taking care of it for you, you can save yourself the cost of the processing fee. In addition, you can save yourself the time it would take to fill out the application and submit it. You can even avoid paying the processing fee twice if you destroy your records when you're eligible.