SECTION 3: WHEN TO APPLY
Timelines about when you can make a request to have your fingerprints and photographs destroyed:
- Charges are withdrawn or dismissed: Applications are accepted four months after the disposition date.
- Acquittal: Applications are accepted four months after the disposition date.
- Stayed Charges: Applications are accepted one full year from the date the stay was imposed.
- Peace Bond (withdrawn): Applications are accepted once the peace bond has expired (typically one year).
- Diversion (withdrawn): Applications are accepted two years from the date of expiry of the diversion.
- Not Criminally Responsible: If found not criminally responsible, these applications will be accepted five years after the disposition date.
For charges resulting in the following dispositions, as per section 6.2 of the Criminal Records Act, the information shall be sealed and not deleted.
- Absolute Discharge: After one year has elapsed from the date of disposition.
- Conditional Discharge: After three years have elapsed from the date of the disposition.
- Absolute or Conditional Discharge plus a judicial order: After one or three years has elapsed from disposition and after the judicial order has expired.
For Absolute or Conditional Discharges received before July 24, 1992, please visit the RCMP’s website for more information.
The Youth Criminal Justice Act outlines the retention and disclosure of youth records, therefore an application for the destruction of fingerprints, photographs and records of disposition for young persons will not be actioned. These records will be managed as per the YCJA.
Please note, if you were charged with an offence included in Schedules 1 & 2 of the Criminal Records Act, or an offence listed as primary or secondary designated offences defined in s. 487.04 of the Criminal Code your request will be subject to additional review and may be denied. It is our process to deny destruction requests for public safety reasons if the charges are of a serious nature or if the applicant is part of an ongoing investigation.
Once the request is approved by the Ottawa Police Service, a request will be sent to the RCMP to purge their file, if applicable. Once the Ottawa Police Service is notified by the RCMP of the purged file, the Ottawa Police Service will then purge the fingerprints and photographs in our files and notify the applicant of the destruction of both the RCMP and Ottawa Police Service records.
Destruction of the information does not remove the event from the Ottawa Police Service database.
The process can take approximately 6 to 12 months.
If you have a criminal conviction(s), you can apply for a record suspension through the National Parole Board.
Request for Reconsideration.
If you have further questions, please email courtcriminalrecords@ottawapolice.ca.
