A finding of Not Criminally Responsible on account of Mental Disorder (NCR-MD) is not a criminal conviction, but it leaves a permanent fingerprint and arrest record on the RCMP’s CPIC system. To clear this from your background check, you must first obtain an Absolute Discharge from your provincial Review Board, and then formally apply to your local police to destroy the non-conviction file.
Navigating the intersection of the criminal justice system and the mental health system can be incredibly overwhelming for patients and their families. When a Canadian court determines that someone committed an offence while suffering from a severe mental health crisis, they may issue a verdict of Not Criminally Responsible on account of Mental Disorder (NCR-MD). It is crucial to understand that under Canadian federal law, an NCR-MD ruling is explicitly not a criminal conviction. However, this does not mean the event simply vanishes from the public record.
Despite avoiding a criminal record, the individual’s fingerprints, photographs, and arrest details are uploaded to the Canadian Police Information Centre (CPIC) database managed by the Royal Canadian Mounted Police (RCMP). 📍 Whether the original incident happened in Vancouver, Toronto, or Halifax, this CPIC entry will trigger a “hit” during a Vulnerable Sector Check or a high-level employment background check. To fully reintegrate into society and remove this barrier, you must navigate both the provincial health authorities and the federal police system. If you are struggling with this highly complex administrative process, consulting a local lawyer from our directory can help ensure your rights are protected.
Step-by-Step Process for Clearing an NCR-MD Record in Canada
Because an NCR-MD is not a conviction, you do not apply to the Parole Board of Canada for a traditional Record Suspension (Pardon). Instead, you use the non-conviction destruction process. Here is how it generally works across Canada.
Step 1: Complete Your Provincial Review Board Treatment
When you receive an NCR-MD verdict, jurisdiction over your life is transferred from the criminal courts to a provincial administrative body, such as the Ontario Review Board or the British Columbia Review Board. You will be monitored and treated at a designated psychiatric facility. You cannot apply to clear your police record while you are still under the supervision of the Review Board.
Step 2: Obtain an Absolute Discharge from the Board
Your ultimate goal is to prove to the Review Board that you no longer pose a significant threat to the safety of the public. 📝 Once the board is satisfied with your rehabilitation and medical stability, they will issue a formal Absolute Discharge. This legal document completely releases you from the mental health justice system.
Step 3: Wait the Required RCMP CPIC Period
Even after receiving your Absolute Discharge, you generally cannot have the CPIC record destroyed immediately. Federal RCMP policies and local police guidelines typically require a waiting period for NCR-MD cases, often ranging from 5 years from the date of the Absolute Discharge. This waiting period is designed to ensure sustained stability in the community.
Step 4: Request Certified Documents from the Courthouse
Once you are eligible, you must gather your official paperwork. 📁 Go to the criminal court where your original trial took place and request a certified copy of the Information (the charge sheet) and the final NCR-MD disposition. You will also need a certified copy of your Absolute Discharge from the provincial Review Board.
Step 5: Apply to the Arresting Police Service for File Destruction
With your documents in hand, you must apply directly to the local police force that originally arrested you (e.g., the Calgary Police Service or the Montreal Police). You will submit a “Request for the Destruction of Fingerprints and Photographs.” If the local police approve your request, they will forward a federal mandate to the RCMP in Ottawa to physically purge your data from the national CPIC database.
How Much Does it Cost in Canada?
Clearing a non-conviction record is generally much cheaper than applying for a formal Record Suspension, but it is not entirely free. Here are the expected costs in Canadian dollars (CAD):
| Local Police Processing Fee | $0 to $100 CAD. Some local police stations process non-conviction destructions for free, while others charge a minor administrative fee. |
| Certified Court Documents | $20 to $50 CAD for the court clerk to print and officially stamp your disposition records. |
| Lawyer Representation | $1,000 to $2,500 CAD if you hire a legal professional to draft the destruction request and liaise with the RCMP on your behalf. |
How Long Does the Process Take?
Patience is absolutely essential when dealing with both medical boards and federal police databases. ⏱ Earning your Absolute Discharge from the Review Board can take several years of dedicated treatment. Once you finally submit your file destruction request to the local police, it typically takes them 3 to 6 months to review your file. After they send the approval to Ottawa, the RCMP generally takes another 6 to 12 months to completely purge your fingerprints and profile from the CPIC system.
Frequently Asked Questions (FAQ)
Do I need a Record Suspension (Pardon) for an NCR-MD?
No. The Parole Board of Canada only grants Record Suspensions for criminal convictions. Because an NCR-MD is a special verdict and not a conviction, you must use the fingerprint destruction process instead.
Can I travel to the United States with an NCR-MD record?
Border travel can be highly problematic. US Customs and Border Protection (CBP) can see CPIC records. Even though it is not a conviction, they may deny entry based on perceived safety risks or ask for medical clearance. You may need a US Entry Waiver.
Will an NCR-MD show up on a Vulnerable Sector Check?
Yes, until the record is formally destroyed by the RCMP. Local police have wide discretion on what they disclose on a Vulnerable Sector Check, and severe mental health interventions involving police are frequently disclosed to protect the public.
Can the local police refuse to destroy my record?
Yes. If the local police chief believes that retaining your fingerprints is necessary for public safety—especially if the original charge involved severe violence—they can deny your request. You would then have to appeal their decision.
Do my medical records get deleted too?
No. This legal process only deletes your police and fingerprint records from the RCMP CPIC database. Your provincial medical records and hospital files are governed by healthcare privacy laws and are kept permanently by the health authority.
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