POLICE FILE DESTRUCTION

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• If you have been charged by the police, but not convicted:
  • Police retain your fingerprints and photograph locally and in the RCMP central repository in Ottawa.
  • You must take action to have your Police File removed to permanently erase traces of your dealings with police and the courts.

You may need a Police File Destruction under the following circumstances:

• When you have been to trial and acquitted or found not guilty.
• When the charge has been withdrawn:
  • Because you entered and completed:
    1. The Alternative Measures Program (AMP) or
    2. The Mental Health Diversion Program (MHD).
  • Or when the charge has been "Stayed" by the prosecutor (Stay of Proceedings).
  • When you have pled guilty and received either an Absolute Discharge or a Conditional Discharge.

• Waiting periods apply in some instances before you can apply for a Police File Destruction:
  • Absolute discharge - 1 year.
  • Stay of Proceedings - 1 year.
  • Alternative Measure Program (AMP) completion - 1 year.
  • Conditional discharge - 3 years.
  • Sexual offences - 5 years.

In any of the above circumstances, you can only apply for a File Destruction if you do not have a previous criminal record or prior convictions. If you have a previous criminal record, you will require a Record Suspension or Pardon.

April 28, 2024

In the realm of law enforcement, the preservation and disposal of personal data are critical facets of justice and privacy. When individuals face criminal charges and subsequently find resolution in their favour—whether through acquittal, withdrawal, or a discharge—it's essential to understand their rights regarding the destruction of police files. In Calgary, as in many jurisdictions, this process involves specific procedures and sometimes waiting periods.

The Calgary Police Service (CPS) recognizes the importance of upholding individuals' rights, including the timely destruction of fingerprints and photographs associated with criminal proceedings that have ended favourably. While there have historically been waiting periods, recent updates from the CPS indicate a progressive approach, particularly concerning cases involving sexual assault and related offences.

In the past, individuals in Calgary faced a mandatory five-year waiting period before their fingerprints and photographs could be destroyed for sexual offences, even in cases where charges were dropped or dismissed. However, thanks to recent policy revisions, this waiting period has been eliminated. 

This change reflects a commitment to fairness and sensitivity to the unique circumstances surrounding these types of cases. Recognizing the potential impact of prolonged data retention on individuals' lives, the CPS has opted for a more compassionate and efficient approach to file destruction.

It's important for individuals to be aware of their rights in this regard and to take proactive steps to initiate the file destruction process. While the specifics may vary depending on jurisdiction, the general procedure typically involves submitting a formal request to the relevant law enforcement agency.

If you've been acquitted, had charges withdrawn or stayed, or received a discharge, you have the right to request the destruction of your police files, including fingerprints and photographs. While there may still be procedural requirements and possible waiting periods, the recent developments in policy, particularly in Calgary, reflect a positive trend towards greater respect for individuals' rights and privacy in the criminal justice system.

By staying informed and exercising your rights, you can ensure that your past legal proceedings do not unduly impact your future opportunities and well-being. 

If you have any questions or concerns regarding police file destruction or related matters, seeking guidance from legal professionals or advocacy organizations such as The Pardon Group can provide invaluable support and assistance. 

Contact The Pardon Group immediately as we have sought Police File Destruction on hundreds of cases in the past and have a great record of obtaining destructions not just from the local police service, but also from the RCMP central repository in Ottawa.