To request the destruction of fingerprint records from the London Police Service, you must apply after your charges are withdrawn, dismissed, or discharged. You apply directly through the Forensic Identification Section, and if approved, they will notify the RCMP to permanently destroy your fingerprints and photographs.
When you are arrested, your fingerprints and mugshot are instantly uploaded to a national police database. Even if your charges are dropped or you are found not guilty, this data does not magically disappear. In Canada, having an active fingerprint file can cause problems at the border and flag you during standard background checks.
If your case was resolved favourably at the London courthouse on Dundas Street, you have the right to ask for your records to be destroyed. Whether you faced a summary charge or a more serious indictable charge, this guide will walk you through the proper steps to clear your name with the London Police Service and the RCMP.
Step-by-Step Process in London
The process of having your fingerprints destroyed requires patience and the correct paperwork. Most applicants follow a straightforward administrative path. 📋
Step 1: Check Your Eligibility Timeline
You cannot apply immediately in every situation. If your charges were withdrawn or dismissed, you must wait 30 days from the court date. If your charges were stayed, the wait is 1 year. If you received an absolute discharge, the wait is 1 year. For a conditional discharge, you must wait 3 years. If you were acquitted (not guilty) after a trial, you must wait 3 months from the date of the court decision.
Step 2: Obtain Court Dispositions
Before the police will process your request, you must prove the outcome of your case. You need to visit the Ontario Court of Justice or Superior Court of Justice at 80 Dundas Street in London to request a certified “Information” or “Disposition” document. This official paper shows exactly how the Crown Attorney concluded your matter.
Step 3: Submit the Application to London Police
Next, you will fill out a formal Fingerprint Destruction Request form. This must be submitted directly to the Forensic Identification Section at the London Police Service (Box 3415, London, ON, N6A 4K9). Include your court disposition and copies of your government ID. 📮
Step 4: Wait for RCMP Confirmation
Once the London Police Service approves your local file destruction, they will forward a mandate to the RCMP in Ottawa. The RCMP will then destroy your national fingerprint and photo records, ensuring your file is completely cleared across Canada.
Eligibility and Timelines
Here is a breakdown of when you are eligible to apply based on your case outcome:
| Court Outcome | Waiting Period Required |
|---|---|
| Withdrawn / Dismissed | 30 days from the date of the court decision |
| Acquittal (Not Guilty) | 3 months from the date of the court decision |
| Absolute Discharge | 1 year from the date of sentencing |
| Conditional Discharge | 3 years from the date of sentencing |
How Much Does it Cost in London?
Clearing your fingerprint records is mostly an administrative task, but there are some costs involved in Canadian dollars (CAD):
- Court Documents: Obtaining your certified court disposition from the London courthouse usually costs between $20 and $30 CAD.
- Police Processing Fee: The London Police Service processes fingerprint and photograph destruction requests free of charge ($0 CAD).
- Law Firm Fees: While you can do this yourself, many people hire a local criminal defence lawyer to handle the paperwork efficiently. Legal fees for this service typically range from $500 to $1,500 CAD.
How Long Does the Process Take?
This is not a fast process. Once you submit your complete application to the London Police Service, it can take them 2 to 4 months to review and approve it. After they forward the request to the RCMP, it often takes an additional 6 to 12 months for the federal agency to officially purge the records. Expect the entire process to take roughly a year. ⌛
Frequently Asked Questions (FAQ)
Does my record get destroyed automatically?
No. Even if your charges were completely dropped, your fingerprints remain on file until you actively request their destruction.
Can I apply if I have prior criminal convictions?
Generally, no. If you have any other criminal convictions on your record for which you have not received a record suspension (pardon), your request for fingerprint destruction will be denied.
Do I need a lawyer to request destruction?
You are not legally required to have a lawyer for this process. However, a law firm can ensure no mistakes are made and handle communications with the police on your behalf.
Will a destroyed record show up at the US border?
If the US Customs and Border Protection downloaded your file before it was destroyed, they may still have it. However, a destroyed record will not show up on new Canadian checks.
Leave a Reply