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
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
- 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.