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AFTER THE CHARGE ENDS

Records, Fingerprints and Destruction

A charge that ended in your favour does not automatically disappear. Fingerprints, photographs and the police record of the arrest can remain on file and surface in background checks years later. Clearing them is a separate step, it is frequently available, and most people never take it because nobody told them it existed.

THE STAGE

What remains on file after a charge ends

Withdrawals, acquittals and discharges all end the prosecution. None of them, by themselves, remove the record of the arrest.

When you are charged, you are ordinarily fingerprinted and photographed, and an entry is created in police information systems. If the charge is later withdrawn, or you are acquitted, that entry does not delete itself. It can appear on a vulnerable sector check, be seen by a border officer, or be disclosed in a police records check for employment.

Police services in Ontario have processes for applying to destroy fingerprints and photographs and to purge non conviction entries. Those applications are discretionary, they have their own requirements and timelines, and they are considerably more likely to succeed when they are made properly and with the disposition documented.

Discharges

Absolute discharges are removed from the automated criminal conviction records retrieval system after one year, and conditional discharges after three. Understanding those timelines matters when you are deciding whether to accept a disposition.

Record suspensions

Where there is a conviction, a record suspension through the Parole Board of Canada is the mechanism, and it becomes available only after the waiting period following completion of the sentence. Advice on eligibility and timing is available here, and where the application itself is better handled elsewhere you will be told so.

Why it is worth doing

Employment screening, professional licensing, volunteering with children or vulnerable adults, adoption, immigration and cross border travel all involve records checks. The five year old withdrawn charge nobody cleared is the one that causes the problem.

IN PRACTICE

What can be cleared

Fingerprint and photograph destruction
Applications following a withdrawal, a stay, an acquittal or a discharge.
Purging non conviction entries
Removing entries that continue to appear in local police information systems.
Discharge timelines
Understanding when an absolute or conditional discharge stops appearing.
Youth records
Access restrictions and statutory destruction timelines under the Youth Criminal Justice Act.
Record suspension advice
Eligibility, waiting periods and what the process actually involves.
Police record check issues
Where a check discloses something it should not, and what can be done about it.
QUESTIONS WE ARE ASKED

Frequently asked questions

My charge was withdrawn. Why does it still show up?
Because the withdrawal ends the prosecution but does not delete the arrest record. A separate application is needed to have fingerprints and photographs destroyed and the entry purged.
How long does the application take?
It varies between police services, and several months is common. It is worth starting as soon as the matter has concluded.
Is destruction guaranteed?
No. It is discretionary and depends on the offence, the disposition and the service’s own policy. A properly documented application substantially improves the prospects.
Does a discharge count as a criminal record?
A discharge is a finding without a conviction. It is removed from the automated system after one year for an absolute discharge and three for a conditional discharge.
Can you help with a record suspension?
Advice on eligibility and timing, yes. Where the application itself is better handled by a specialised service you will be told that plainly.
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The first consultation is free and confidential. You will get a direct assessment of the charge, the process ahead, and what it will cost. Flat fees, payment plans and Legal Aid certificates are all accepted.

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