Why are my fingerprints not destroyed?

It appears that even with a full blow acquittal, the RCMP may still refuse a fingerprint destruction request.

As indicated on the RCMP website, here are the grounds in which a request may be denied. The highlighted sections are cases in which the RCMP grants itself permission to keep fingerprint records on file despite non-conviction.

Compelling Reasons to Deny a Request for Destroying Non-Conviction Information

Non-Conviction Policy

The RCMP’s Records Suspension & Purge Services may deny an application to destroy a non-conviction record if one or more of the following conditions apply:

  • Applicant was not an adult relative to the charge as defined within the Youth Criminal Justice Act.
  • Applicant has a criminal conviction on file within the National Repository.
  • Applicant has an outstanding criminal charge before the courts.
  • Appeal period has not expired for a non-conviction record relating to an Acquittal or a Dismissal.
  • One year has not elapsed for a non-conviction record relating to a Peace Bond.
  • One year has not elapsed for a non-conviction record relating to a Stay of Proceedings.

In addition to the above conditions, a non-conviction record will be retained for a minimum of five years from the date of the court decision if the charge related to:

  • High treason or treason
  • Potential terrorist activity
  • First and second degree murder
  • Manslaughter
  • Aggravated assault
  • Sexually-based offences

The non-conviction record will also be retained for a minimum of five years in cases where the individual is found not criminally responsible due to a mental disorder.

Requests to have the above records destroyed within the five-year period should be supported by additional information, such as Crown proceedings, police services records, and/or court documents.



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