If you were charged with a criminal offence by the Greater Sudbury Police Service, you may request to have your fingerprints and photograph destroyed and charges sealed from police records.

Eligibility Criteria

You must be at least eighteen (18) years of age or older and the following timelines have elapsed:

  • Stayed Charges
    • At least one (1) year has elapsed from the date the stay was imposed, provided that the stayed charge has not been proceeded with.
  • Acquittal on Charges
    • Destroy on the expiration of two (2) months after the expiration of the time allowed for the taking of an appeal or where an appeal is taken on expiration of three (3) months after all proceedings in respect of an appeal having been completed.
  • Withdrawn or Dismissed (other than by acquittal)
    • At least thirty (30) days (appeal period) have elapsed from the disposition date.
  • Withdrawn upon entering into a Peace Bond
    • The peace bond has expired which is normally one (1) year from the disposition date.

If you participated in and completed a diversion program, your charges are deemed to have been withdrawn (therefore you may request consideration for removal of your fingerprints and photograph).

Application and Process

All requests for destruction of identification records shall be made by the person to whom the records relate or by another person (i.e. solicitor) who has been authorized by the person to make the request. A Request for Destruction of Identification Records shall be submitted in writing accompanied by payment based on our current Fees for Service. Your request cannot be expedited.

Your identification records shall be retained for a minimum of five (5) years if the charges were disposed by way of a verdict of not criminally responsible due to a mental disorder.

If you received an absolute discharge, your fingerprints and photographs will be considered for removal one year after the judgment was made in court. If you received a conditional discharge, your fingerprints/photo will be considered for removal in three years after your probationary period has ended.

Your identification record shall not be destroyed if:

  • The type of offence or other information on file for the Applicant raises serious concern about public safety as the Applicant continues to present a substantial risk to the public.
  • Where the applicant was convicted of the charge for which the identification was taken for or if the applicant has any other convictions on file or charges pending before the Courts.
  • Where the Royal Canadian Mounted Police denies the request.

Under no circumstances will you be provided with your identification records.

Please be aware that after you have made your request it may take one to two years to be completed, as the process involves the return of fingerprints from the national repository maintained by the Royal Canadian Mounted Police.

A member from Customer Service shall notify you in writing that your request has been completed based on the mailing address provided within the request. If you change your mailing address during the request process, please contact Customer Service at 705-675-9171 extension 6622 to ensure that written notification upon completion of the request is sent to the correct mailing address.

Appeals

In the event that you are not satisfied with the decision to retain your identification record, you may appeal the decision within 60 days of receiving the written decision to retain your fingerprints and photographs.