Even after receiving a federal Record Suspension, your biological samples are not automatically destroyed. You must submit a formal, written administrative request to the RCMP to legally force the destruction of your DNA profile. The government fee for this request is $0 CAD.
When you are convicted of a serious crime in Canada, such as a major indictable offence, the judge will often issue a DNA Order. This forces you to provide a biological sample (usually a blood or saliva swab), which is permanently stored in the RCMP’s National DNA Data Bank (NDDB). Fast forward a few years, and you have turned your life around. You successfully apply to the Parole Board of Canada (PBC) and are granted a Record Suspension (Pardon). Your CPIC criminal record is sealed, and you can finally move forward with employment and travel.
However, many Canadians are shocked to learn that sealing their criminal record does not automatically purge their biological samples from police laboratories. 🔍 Under the DNA Identification Act, while access to your DNA profile becomes heavily restricted once a pardon is granted, the physical destruction of your sample often requires a direct administrative intervention. Taking the proactive step to force the RCMP to destroy your DNA is the ultimate way to reclaim your privacy. Many individuals hire a Canadian lawyer to draft this legal demand to ensure it is processed swiftly without bureaucratic delays.
Step-by-Step Process in Canada
This is a strictly federal procedure. Whether your original trial took place in a local courthouse in Winnipeg, Montreal, or Victoria, your DNA destruction request is directed entirely to federal RCMP headquarters in Ottawa.
Step 1: Confirm Your Record Suspension is Finalized
You cannot request DNA destruction prematurely. 📄 You must wait until the Parole Board of Canada has officially granted your Record Suspension and your criminal record has been fully sealed on the CPIC system. You will need a physical copy of your Record Suspension certificate to prove your eligibility to the RCMP.
Step 2: Obtain Your Original Court Documents
To accurately identify your file, the RCMP needs specific details about your original conviction. You should obtain a copy of the original DNA Order signed by the judge, which includes your court file number, the specific charges, and the date the sample was ordered. If you do not have these, your lawyer can request them from the provincial courthouse where you were sentenced.
Step 3: Draft the Formal Destruction Request
Your law firm will draft a formal legal letter addressed to the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS) and the National DNA Data Bank. ✍ The letter will cite the relevant sections of the DNA Identification Act, attach your Record Suspension certificate, and explicitly demand the physical destruction of your bodily substances and the removal of your profile from the Convicted Offenders Index.
Step 4: Wait for the Certificate of Destruction
Once the RCMP receives the package, they will verify your identity, confirm the validity of your pardon, and process the destruction. They are legally obligated to destroy the biological samples and will eventually issue a written confirmation (Certificate of Destruction) back to you or your lawyer, proving that your genetic privacy has been fully restored.
How Much Does it Cost in Canada?
Reclaiming your genetic privacy is an administrative procedure rather than a court battle, which keeps costs relatively low. 💰 Here are the typical expenses as of May 2026:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| RCMP DNA Destruction Fee | $0 |
| Courthouse Document Retrieval | $20 – $50 |
| Fingerprinting / Identity Verification | $50 – $75 (If required) |
| Lawyer Fees for Drafting the Demand | $500 – $1,200 |
While you can write the letter yourself, using a law firm ensures the RCMP takes the demand seriously and processes it under the correct legal statutes.
How Long Does the Process Take?
Bureaucracy moves slowly. ⌛ Once you mail the formal request to RCMP headquarters in Ottawa, you can generally expect the process to take anywhere from 3 to 6 months. The timeline depends heavily on the current administrative backlog at CCRTIS and how quickly they can verify your federal pardon status. Your lawyer can follow up on your behalf if the timeline stretches unnecessarily long.
Frequently Asked Questions (FAQ)
Is my DNA destroyed automatically when I get a pardon?
No. While access to your DNA profile is legally restricted upon receiving a Record Suspension, the actual physical destruction of the biological sample often requires you to submit a proactive administrative request to the RCMP.
What if my charges were dropped or I was acquitted?
If you were acquitted, the charges were withdrawn, or you received an absolute discharge, you do not need a Record Suspension. You can apply directly to the court or the RCMP immediately to have your DNA destroyed under the DNA Identification Act.
Can the RCMP use my DNA for other crimes before it is destroyed?
Yes. As long as your DNA remains in the National DNA Data Bank, it can be cross-referenced against crime scene evidence. This is why requesting its destruction as soon as your Record Suspension is granted is incredibly important.
Do I absolutely need a lawyer to request destruction?
You are not legally required to have a lawyer. However, having a Canadian law firm draft the demand ensures that all necessary court documents are included and the correct federal statutes are cited, minimizing the chance of an RCMP rejection.
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