If you were found Not Criminally Responsible (NCR) due to a mental disorder, you do not apply for a record suspension (pardon) because an NCR is legally not a conviction. Instead, you must apply directly to the arresting police force and the RCMP for a Non-Conviction File Destruction to have your CPIC record purged.
Navigating the Canadian justice system is incredibly complex, especially when mental health is involved. 🧠 Many individuals in cities like Vancouver, Toronto, and Edmonton who experienced a severe mental health crisis and interacted with the courts mistakenly believe they have a permanent criminal record. If a judge determined that you were Not Criminally Responsible (NCR) on account of a mental disorder, Canadian law recognizes that you lacked the capacity to understand that your actions were wrong. Therefore, you were not formally convicted of any summary conviction or indictable offence.
Because the Parole Board of Canada (PBC) only grants record suspensions for actual criminal convictions, applying for a pardon for an NCR finding is the wrong legal path—your application will simply be rejected. However, your fingerprints, photographs, and the record of the court proceedings still exist on the Canadian Police Information Centre (CPIC) database. Whenever an employer runs a vulnerable sector check, this history might surface. To truly clear your name as of May 2026, you must navigate the specific rules of provincial Review Boards and local police file destruction policies. Consulting a Canadian criminal law firm is often helpful to ensure the police comply with your request.
Step-by-Step Process for Purging an NCR Record in Canada
Clearing an NCR record requires dealing with local police agencies rather than the federal Parole Board. 📋 Each police service has slightly different administrative forms, but the federal standard for CPIC destruction generally follows these steps.
Step 1: Obtain Your Absolute Discharge from the Review Board
When you are found NCR, jurisdiction over your case transfers from the criminal courts to a provincial mental health tribunal (e.g., the Ontario Review Board). You cannot request a record destruction while you are still under their supervision. You must wait until the Review Board determines you are no longer a significant threat to public safety and formally grants you an Absolute Discharge. Keep all official paperwork from the board, as it is the key to clearing your file.
Step 2: Wait the Mandatory CPIC Purge Period
Unlike a standard withdrawn charge which can be destroyed quickly, an NCR finding carries specific wait times under federal RCMP policy. ⌛ Generally, you must wait 5 years from the date of the NCR finding before the RCMP will agree to seal or destroy the non-conviction record on CPIC. If you attempt to apply before this timeline has elapsed, the local police will automatically deny your destruction request.
Step 3: Apply for Local Police File Destruction
Once you have your Absolute Discharge and the 5-year period has passed, contact the specific local police service that originally arrested you (for example, the Calgary Police Service or the local RCMP detachment). Ask for their “Non-Conviction Record Destruction” application. You will fill out this form, attach your court dispositions and Review Board discharge papers, and submit it for review. The local police chief will decide whether to approve the destruction of your mugshots and fingerprints.
Step 4: Ensure the RCMP Updates the National Database
If the local police approve your request, they will physically destroy their local files and send a formal directive to RCMP headquarters in Ottawa. 💻 The RCMP will then purge your FPS (Fingerprint Section) number and the associated NCR entry from the national CPIC database. Once this is complete, a standard criminal background check will come back completely clear.
How Much Does it Cost in Canada?
Because you are not applying for a federal record suspension, you do not pay the $50 PBC fee. However, the non-conviction destruction process has its own administrative costs. In CAD, you should expect:
- Court Dispositions / Review Board Documents: Typically $20 to $50 CAD to obtain certified copies from the courthouse.
- Local Police Processing Fee: Many police departments charge an administrative fee for destruction requests, ranging from $0 to $100 CAD depending on the municipality.
- Lawyer Fees (Optional): If the police refuse to destroy the file and you need to appeal the decision, a law firm may charge $500 to $1,500 CAD to draft a legal demand letter.
How Long Does the Process Take?
The timeline for a non-conviction file destruction requires significant patience. 📅 After waiting the mandatory 5 years from the date of the NCR finding, the actual administrative process begins. Once you submit your application to the local police, they can take anywhere from 2 to 12 months to review your file, consult with their legal department, and forward the request to Ottawa. The RCMP typically requires an additional 30 to 60 days to update the CPIC system.
Comparing a Record Suspension vs. NCR File Destruction
| Legal Feature | Record Suspension (Pardon) | NCR File Destruction |
|---|---|---|
| Applies To | Criminal Convictions (Guilty findings) | Non-Convictions (Not Criminally Responsible) |
| Governing Body | Parole Board of Canada (Federal) | Arresting Police Force & RCMP |
| Wait Period | 5 or 10 years after sentence completion | Usually 5 years after the NCR finding |
| Result on Background Check | Kept separate, not disclosed | Physically destroyed / completely purged |
Frequently Asked Questions (FAQ)
Will an NCR finding show up on a Vulnerable Sector Check?
Yes, it often will. Even though it is not a conviction, police services have broad discretion to disclose NCR findings on vulnerable sector checks if they believe the nature of the original incident (especially if violence was involved) poses a risk to children or the elderly.
Can the local police refuse to destroy my NCR record?
Yes. File destruction for non-convictions is governed by local police policy, not strict federal law. If the police chief determines there is a compelling public interest to keep your fingerprints on file (usually in cases involving severe violence), they can deny your request. You may need a lawyer to appeal this decision.
Do I need a waiver to travel to the US with an NCR?
US Customs and Border Protection (CBP) operates under its own federal laws. Even though Canada does not view an NCR as a conviction, US border agents might still see the arrest record if they downloaded the CPIC database before you destroyed it. You may be denied entry and required to apply for a US Entry Waiver.
What happens if I get a new charge while waiting for my NCR purge?
If you are arrested or charged with a new summary conviction or indictable offence during the 5-year waiting period, the local police will absolutely refuse your file destruction request. You must maintain perfect good conduct in the community to be eligible for a CPIC purge.
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