If your criminal charges in Canada were stayed, withdrawn, or dismissed, your fingerprints and mugshots are not automatically deleted. You must actively apply to the arresting local police detachment for a “File Destruction,” which usually carries a $0 to $100 CAD administrative fee and permanently removes your biometric data from the RCMP databases.
Understanding Non-Conviction Records in Canada
Many Canadians mistakenly believe that if they go to court and their charges are dropped, withdrawn, or stayed, their criminal record is wiped completely clean. Unfortunately, this is not the case. Even without a finding of guilt, the fact that you were arrested, fingerprinted, and photographed remains logged in the Canadian Police Information Centre (CPIC) database. This information is visible to local law enforcement and the Canada Border Services Agency (CBSA). If left unaddressed, a non-conviction record can cause significant embarrassment during employment background checks or lead to heavy questioning when travelling into the United States.
To permanently erase this biometric data, you must formally request a fingerprint and photograph destruction from the specific police service that arrested you. Whether you were processed by the Toronto Police Service, the Calgary Police Service, or an RCMP detachment in rural British Columbia, the procedure requires a formal written application. 📄 It is highly recommended to engage a Canadian criminal law firm to manage this process, as police departments reserve the right to deny destruction requests if they believe keeping the file serves a strong public interest.
Step-by-Step Process for Fingerprint Destruction in Canada
The process of purging your non-conviction record is highly procedural. While federal guidelines exist, every local municipal police force has its own specific forms and processing queues. Here is how the process generally unfolds.
Step 1: Satisfying the Mandatory Waiting Periods
Before you can apply, you must ensure you have met the legal waiting periods associated with your specific case outcome. If your charge was withdrawn, acquitted, or dismissed, you can usually apply immediately, though some police forces impose an arbitrary 5-month waiting period to ensure the Crown does not reopen the case. If your charge was stayed, you are legally required to wait exactly one year from the court date, as the Crown has 12 months to bring a stayed charge back to life. If you signed a Peace Bond, you must wait until the bond fully expires (usually 12 months) before applying.
Step 2: Obtaining Certified Court Dispositions
You cannot simply write to the police and tell them your charges were dropped; you must prove it. You or your lawyer will need to visit the local courthouse where your matter was resolved (for example, the Ontario Court of Justice or the Provincial Court of Alberta) and request a certified “Court Disposition.” This official document bears the court’s seal and confirms exactly how and when your case was concluded. There is usually a small courthouse fee for printing this document.
Step 3: Submitting the Destruction Request
Once you have the disposition, you will complete the specific “Request for Destruction of Fingerprints and Photographs” form provided by the arresting police force. If you were arrested by multiple forces on different occasions, you must apply to each one separately. 📧 The application package is mailed or delivered to the police service’s Records Management division. The local police will conduct an internal review of your entire file to determine if destroying your biometrics poses any risk to public safety.
Step 4: The RCMP CPIC Purge
If the local police approve your request, they will physically destroy the mugshots and fingerprint cards held at their detachment. They will then send a formal directive to the Royal Canadian Mounted Police (RCMP) headquarters in Ottawa. The RCMP is responsible for permanently purging your FPS (Fingerprint Section) number and biometric data from the federal CPIC database, ensuring the record is completely erased across Canada.
How Much Does it Cost in Canada?
The total cost to destroy your fingerprints for non-convictions depends on the municipal police force’s policies and whether you hire legal representation to handle the paperwork and advocacy.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Police Administrative Fee | $0 – $100 | Varies by force; many RCMP detachments process it for free |
| Court Disposition Document | $15 – $30 | Paid to the provincial courthouse for the certified copy |
| Lawyer or Law Firm Fees | $800 – $2,000+ | Optional, but highly recommended if the police deny the initial request |
Keep in mind that paying a law firm is an investment in your future. If a police department arbitrarily refuses your request, a lawyer can file an appeal or write legal demand letters citing privacy laws.
How Long Does the Process Take?
Fingerprint destruction is not an overnight process. Once your application is received by the local police, their internal review can take anywhere from 2 to 6 months depending on staffing levels. Once approved, the request is forwarded to the RCMP in Ottawa, which can take an additional 3 to 6 months to purge the national CPIC database. In total, expect the process to take up to a full year from the date you submit the paperwork.
Frequently Asked Questions (FAQ)
Do I need a Record Suspension if my charges were stayed?
No. A Record Suspension (formerly a pardon) is only for individuals who were found guilty and convicted of a crime. If your charges were stayed, withdrawn, or dismissed, you only need to apply for a fingerprint and photograph destruction.
Can the police refuse to destroy my fingerprints?
Yes. Police chiefs have discretionary power to deny a destruction request if there are compelling public interest reasons, such as if you have a history of violent behaviour, multiple prior convictions, or if the withdrawn charge was exceptionally severe (like a sexual offence).
Will this guarantee I can enter the United States?
Not necessarily. If US Customs and Border Protection (CBP) previously downloaded your CPIC file while your charges were active, they keep their own permanent records. You may still be questioned and might need to carry your court disposition to prove the charges were dropped.
Does an absolute discharge require a destruction request?
If you received an absolute or conditional discharge after July 1992, the RCMP automatically seals the record after 1 year (for absolute) or 3 years (for conditional). However, it is always wise to follow up with a formal destruction request to ensure your local police also destroy their internal files.
Does my local background check clear immediately?
Your local Police Information Check (PIC) will only show as clear after the entire destruction process is completed by both the local detachment and the federal RCMP, which can take several months.
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