Request for Destruction of Fingerprints and Photographs>
Police agencies are under no legal obligation to destroy fingerprint and photograph records, commonly referred to as identification records, even when a charge results in a non-conviction. However, the Durham Regional Police Service has implemented a request for destruction of fingerprints and photographs policy process and will consider destroying a non-conviction upon request if both the individual and charge(s) are deemed eligible.
** Notwithstanding any provision of this procedure, the destruction of fingerprints and photographs will be undertaken at the sole discretion of the Durham Regional Police Service and no provision of this policy shall create any private right to compel or require such destruction.
Please ensure you are eligible to apply for destruction before submitting your application. The $68.25 application fee is non-refundable.
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.
Please ensure you are eligible to apply for destruction before submitting your application. The $68.25 application fee is non-refundable.
Applicants or their legal representatives are able to apply for fingerprint and photograph destruction online.
Payment options online include Visa and Mastercard.
You can also apply via mail by submitting a written signed letter, addressed to the Criminal Records Supervisor, requesting a destruction of your photograph and fingerprint records.
Please include in your letter:
• your full name, date of birth, mailing address, telephone number.
• photocopy of Identification (Driver’s License, Passport)
• the charge, final court date, and disposition.
• to obtain a destruction of Fingerprint and Photograph form go here (insert link)
Mail the application or written letter, along with a certified cheque or money order for $68.25 (HST included) payable to Durham Regional Police, to:
Durham Regional Police Service
Criminal Records Unit
PO Box 911, 605 Rossland Road East
Whitby Ontario L0A 1B8
The processing time for destruction of fingerprints and photographs varies and can be approximately six to 12 months in total.
Durham Regional Police Service
Criminal Records Unit
605 Rossland Rd. East Box 911
Whitby, ON L1N 0B8
Phone: 905-579-1520 ext. 4103
Email: criminalrecords@drps.ca