Skip to main content


File Destruction in Canada - 7 Things You Need to Know

Here are 7 things you need to know about getting a File Destruction in Canada.

1/ What is a File Destruction in Canada?



- A File Destruction in Canada would remove traces of your criminal charges if you were charged but not convicted in Canada.

- Most people don’t know that you have a criminal record if you were charged under the Criminal Code of Canada but not convicted.

- These criminal records are known as non-convictions.

- These non-conviction criminal records may include fingerprints, photographs and information about your non-conviction disposition.  

- Critically, these non-convictions will show up on a Police record check or Police background check.

- The only way to remove traces of your non-conviction criminal record is to get a File Destruction.

- You need to request a File Destruction with the local Police or RCMP that originally charged you.

- Getting a File Destruction will ensure that your background check results in Canada will be clean.



2/ What is a non-conviction criminal record?



- A non-conviction criminal record is a record of the fact that you were arrested by the police and charged under the Criminal Code of Canada but not convicted or found guilty.

- So while you don’t have a conviction criminal record, you do have a criminal record of your non-conviction, which is why this is called a “non-conviction criminal record.”

- Your non-conviction criminal record may exist in a few different databases, including the RCMP, the police that arrested you, and the court that handled your criminal charge.

- If you have a non-conviction criminal record, that information will likely show up on criminal background check.

- The only way to remove your non-conviction criminal is to get a file destruction.



3/ What is the difference between a Pardon (now called a Record Suspension) and a File Destruction?



- There are 3 key differences between a Record Suspension and a File Destruction.

- 1/ If you were convicted of a criminal charge, you need to get a Pardon, now called a Record Suspension.  If you were charged but not convicted, you need to get a File Destruction.

- 2/ To get a Pardon, you must apply to the Parole Board of Canada.  To get a File Destruction, you must apply to the police service that arrested you.

- 3/ The eligibility wait times to get a Pardon are much longer than a File Destruction.  To get a Pardon, your wait times range anywhere from 3 to 10 years after you complete your sentence.  To get a File Destruction, your wait time ranges anywhere from 30 days to 3 years, depending on the specifics of your non-conviction criminal record.



4/ What happens when you get a File Destruction?



- When you get a File Destruction, two things happen.

- First, the RCMP will remove your fingerprints from its criminal records database.

- And second, your criminal file held by the police that arrested you would be destroyed.  

- That includes your photographs and fingerprints taken during your arrest.  

- And any Crown case materials related to your case would also be destroyed.



5/ Can your request for a File Destruction be refused?



- Yes, your request for a File Destruction can be refused.

- Your request needs to be approved by both the RCMP and the police that charged you.

- The factors they will consider include whether your charge was serious or violent, your interactions with the police and whether you have a criminal conviction for which you have not received a Pardon or Record Suspension.



6/ Can you appeal if your request for a File Destruction if refused?



- Yes, there is an appeal process to challenge the refusal of your File Destruction.

- Generally, you would need to find errors in how the police or RCMP made their refusal decision.

- And in some cases, you may not have included important information in the original File Destruction request so an appeal would be a way to include that missing information.



7/ How long does it take to get a File Destruction?



- A File Destruction can take anywhere from a few months to over a year.

- The timing varies depending on how busy or backlogged the RMCP or the police service is.

- And whether there are mistakes or missing information from your File Destruction application which would delay you from getting your File Destruction.



https://youtu.be/BnAQd0l8u9E https://www.nextlaw.ca/2022/09/26/file-destruction-in-canada-7-things-you-need-to-know/

Comments

Post a Comment

Popular posts from this blog

DUI - Blow a 'Warn' or over 0.05. What happens next? - What happens when the Police make you take a roadside breath test and the result comes back as a "Warn”? - First, some important context. - The Police will make you take a breath test if they suspect that you've consumed alcohol while driving or in the care or control of a vehicle. - At the roadside, you'll be asked to blow into a device. - This device will come back with three possible results. - Pass, which means you've done nothing wrong. - Fail, which indicates that your blood alcohol concentration level is above 80.   - At this point, the Police will place you under arrest and will take you to the Police station to undergo further alcohol testing. - The third possible result is a "warn." - That means that the device detected alcohol in your system above 50 but below 80, which would place you under arrest. - However, there are consequences of blowing in this ...
Post a Comment
Read more
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more
This is BAD for your DUI Case - In this article, I will explain what increases the seriousness of your DUI case. - This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face. _____________________ ✅   Take our DUI Arrest Test _____________________ ✅   Book a free, confidential call with lawyer, Dan Joffe ____________________ - There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case. - In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened. - Here are some examples of aggravating factors. - Very high blood alcohol readings. - If there were kids in your vehicle. - If you were travelling at a high rate of speed. - If you were driving in an erratic manner such as swerving your vehicle in and out of traffic. - An accident causing property damag...
Post a Comment
Read more