When an individual is arrested and charged with a hybrid or indictable offence they are legally obligated to get photographed and fingerprinted, as authorized by the federal Identification of Criminals Act.
If an individual is charged with a summery offence they are not obligated to get photographed and fingerprinted.
In the event that an individual is charged but not convicted of an offence they may apply to have their fingerprints and photographs destroyed.
Who is eligible?
If an individual’s is acquitted, their charges are dismissed, withdrawn or resolved by the way of a peace bond they are eligible to apply to have their fingerprints and photographs destroyed.
In the event that an individual pleads guilty to their charges and receives an absolute or conditional discharge, they are still eligible to have their fingerprints and photographs destroyed.
If an individual is found guilty their fingerprints and photograph will not be abolished.
The individual must be 18 years or older, must not have any criminal convictions and cannot have any outstanding charges.
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How would someone get his or her fingerprints and photographs destroyed?
The individual must fill out and submit, The Fingerprint and Photograph Destruction Application Form, and wait to see if they’re request is approved.
These forms can be obtained from local police services and submitted back to the same service.
You can obtain an application from:Toronto Police, Peel Regional Police, York Regional, Durham Police, Halton Regional Police.
An application form is available at the front desk of every division or an individual may download one from the above listed police services websites.
The form will require the applicant’s name, current address, date of birth, the charges that were against them, how their case was resolved and the date of completion of the applicant’s case (the last day the applicant appeared in court).
How long must someone wait before applying?
There are different waiting periods before an application can be submitted depending on the circumstances of the case and how the individual’s charges are resolved.
Peace Bond: The individual must wait six months after the peace bond has expired.
Charges Withdrawn: The individual must wait five months after the charge is withdrawn.
Absolute discharge: The individual must wait one year from the last court date addressing the discharge.
Conditional Discharge: The individual must wait three years from the last court date that addressed the conditional discharge.
How long does it take to get a response?
A request to have photographs and fingerprints destroyed by police services does not grantee that they will be removed.
Six months after it has been viewed the applicant will be notified of the decision.
If approved the applicant will receive written confirmation that the application has been approved and that their fingerprints and photograph have been destroyed.
What if someone’s application is denied?
There is an appeal process available for applicants who do not agree with the denial of their application.
The applicant has the right to request a review of this decision.
They must submit a written appeal to the respective service.
Where can I call for more information?
Toronto Police Criminal Records: (416)-808-8268
Peel Regional Police: 905) 453-2121, Extension 4390 or 4338
York Regional Police: Document Control Supervisor: 1-888-876-5423, ext. 7077
Durham Police Services: (905) 579-1520
Halton Regional Police: (905)-825-4747 ext. 5061
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