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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/

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