You may be eligible for a fingerprint and photograph destruction if:
• You are an adult (18 years of age or older).
a. The request does not involve youth charges.
b. You have no criminal record (first time offender).
c. You have not previously applied for a destruction of fingerprints and photograph which is currently being processed, appealed and/or has previously been granted.
d. You have not recently been investigated in relation to a police matter.
e. You are making a request for destruction, and the charge, subject to this request, does not involve, but is not limited to, offences involving sex, drugs, violence, or weapons.
f. You do not currently have any outstanding matters before the courts, including outstanding charges or court orders.
Note: The Youth Criminal Justice Act (insert YCJA link here) mandates the process in relation to the fingerprinting and photographing of Youths, therefore an application for fingerprint and photograph destruction for young person’s records will not be accepted and as such is not subject to the DRPS Destruction of Fingerprints and Photographs Policy
An eligible individual may have their fingerprints and photograph destroyed if the following time frame has elapsed since date of disposition:
a. Stayed charges: One year has elapsed from the date the stay was imposed and this applies to both judicial and prosecutorial stays.
b. Absolute discharge: One year from the date of the disposition.
c. Conditional discharge: Three years from the date of disposition.
d. Acquittal: Other than by reason of a verdict of not criminally responsible on account of mental disorder, after two months after the expiration of the time allowed for the taking of an appeal or when an appeal is taken, three months after all appeal proceedings have been completed.
e. Withdrawn or dismissed: Other than by acquittal, 30 days (appeal period) from disposition date.
f. Withdrawn-peace bond: Upon expiry of the bond, normally one year from disposition date.
g. Withdrawn-diversion: After two years from the date of diversion.