How to Apply for Destruction of Criminal Records in Peel Region

If you’ve faced an arrest by the Peel Regional Police that did not lead to a conviction, you may be eligible to have your fingerprints, photographs, and records of disposition destroyed. This article outlines the process, requirements, and conditions necessary to request the destruction of such records.

Understanding the Application Process

Waiting Period

Before you can submit your application, there is a mandatory 60-day waiting period from your last court appearance. This timeframe ensures that all relevant documents are available for review.

Eligibility Criteria

To qualify for the destruction of records, you must meet the following conditions:

1. No Criminal Convictions: You must not have any existing criminal convictions.
2. No Outstanding Charges: There should be no outstanding charges against you in court.
3. Non-Conviction Dispositions: Your charges must have resulted in one of the following outcomes:
   • Acquittal: Wait 30 days post-disposition, plus an extra 30 days if there’s a potential appeal.
   • Dismissal: Following the same timetable as an acquittal.
   • Not Criminally Responsible: Wait a minimum of five years from the date of disposition.
   • Not Guilty: As with acquittals and dismissals, wait for 30 days plus 30 days for an appeal.
   • Stay of Proceedings: One year from the date of disposition.
   • Withdrawn Charges: 30 days post-disposition, and an additional 30 days if a late appeal is possible.
   • Withdrawn & Peace Bond: Post the expiration of the peace bond.

For more details on the Criminal Records Act, you can explore specific sections that mention eligibility and sealing information.

Sealing Information

Certain dispositions automatically result in sealed records:

• Absolute Discharge: One year after disposition.
• Conditional Discharge: Three years after disposition.
• Judicial Order: After one or three years, and expiration of the order.

Additional Considerations

If your non-conviction information involves other police services, it will be assessed during the application review. For those with discharges before July 24, 1992, visit the RCMP for more guidance. Please note that applications for young persons under the Youth Criminal Justice Act will not be accepted, as the law regarding the retention of youth records is stringent.

Factors Influencing Denial

Fingerprint destruction requests may also be denied for five years from the disposition date if there are specific circumstances affecting public safety, particularly with serious charges or ongoing investigations. This includes offences categorized under primary or secondary designated offences according to Section 487.04 of the Criminal Code.

Submitting Your Request

Once you’ve confirmed your eligibility, you can submit your application. Here’s how:

Steps to Apply

1. Prepare Your Request: Include the following information:

   • Full name (including any aliases)
   • Date of birth
   • Gender
   • Current address and phone number
   • Details of the arrest and charges

2. Application Form: Download and fill out the Request for Destruction of Fingerprints and Photo form.

3. Submit Your Request: You can either:

   • Mail your request to the address below:

     Peel Regional Police
     Records Services – Court and Criminal Records
     7150 Mississauga Road
     Mississauga, ON L5N 8M5

   • Fax your request to 905-456-6210.

Processing Time

The entire process can take approximately six to twelve months. After approval, Peel Regional Police will coordinate with the RCMP to purge records.

Appeal Process

If your request for destruction is denied, you will receive a written notice explaining the refusal. You can appeal this decision within 60 business days by submitting a written appeal to the Inspector of Records Services, including any supporting documentation.

Submit Appeals To:

Inspector, Records Services
7150 Mississauga Road
Mississauga, ON
L5N 8M5

Need More Information?

For any inquiries or clarifications, contact Peel Regional Police at 905-453-3311 ext. 4314.

By following the outlined steps and ensuring you meet all criteria, you can effectively navigate the application process for the destruction of your criminal records in Peel Region.