HOW DO I GET CRIMINAL RECORD DESTROYED?
lf you were arrested, fingerprinted, and charged with an offence in the Town of Cobourg which resulted in a non-conviction finding in court (see list below), you can request the identification documents relating to your criminal record history be destroyed.
PLEASE NOTE: if you have been convicted of an offence anywhere in Canada, you will be required to apply for a record suspension, formerly known as a "pardon." You may obtain a Record Suspension Application Guide by calling the Parole Board of Canada (PBC) at 1-800-874-2652 or by downloading the forms from the PBC's website http://pbc-clcc.gc.ca/prdons/servic-eng.shtml .The forms may also be available at any police agency.
There are varying waiting periods that must expire before the destruction process can begin:
- Stay of Proceedings - one year
- Withdrawn - three months
- Dismissed - three months
- Acquitted - three months
- Not Guilty - three months
ARE ALL REQUESTS FOR DESTRUCTION OF IDENTIFICATION DOCUMENTS AUTOMATICALLY GRANTED?
Each request is looked at on a case-by-case basis and destruction requests may be denied in some cases. There is no legislation in place that requires a police agency to destroy identification documents.
Most police agencies have developed their own policy with respect to requests of this nature and will use some discretion in making a decision as to whether a particular request will be granted or denied.
Should a request not be granted, the processing fee will be returned to the requestor with a letter advising ofthe denial ofthe request.
WILL THIS PROCESS REMOVE ALL INFORMATION PERTAINING TO INCIDENT(S)?
This process will include:
- all identification documents gathered upon arrest, such as your fingerprints and photograph
- the physical file created as a result of your arrest
- the criminal record history pertaining to Cobourg charges ONLY contained in the Canadian Police Information Centre (CPIC) database held at the RCMP central repository in Ottawa
The information compiled as a result ofthe police incident(s) will remain in our local records management system, wherein destruction or removal is not within our policy or guidelines, and the results of the court proceedings will remain in the court's database. Please note that the incident and court information may be disclosed during a police record check process.
WILL THIS PROCESS INCLUDE DESTRUCTION OF IDENTIFICATION DOCUMENTS HELD IN OTHER CITIES?
lf you have non-conviction findings in other jurisdictions, you will be required to make application to each police agency for destruction of identification documents. Each police agency has developed their own policy with respect to destruction requests; therefore, it is advisable to contact each separate agency to ascertain what their process for destruction is.
HOW DO I MAKE APPLICATION FOR DESTRUCTION OF IDENTIFICATION DOCUMENTS?
You write a letter addressed to the Chief of Police - Cobourg Police Service accompanied by payment in the amount of $40.00 plus h.s.t. of $5.20 total $45.20 payable to the Cobourg Police Service. The letter should include:
- your full name (include the name you were arrested under if it is different now)
- date of birth
- current address
- the offence you were charged with (to the best of your recollection)
- the date of the offence (to the best of your recollection)
- the Court disposition (to the best of your recollection)
The letter and processing fee can be mailed to:
Cobourg Police Service,
107 King Street West,
Cobourg, ON, K9A 2M4
or you may drop off in person at the same location.
A letter confirming receipt of your request and processing fee will be sent to you at the earliest opportunity advising you that the procedure to close your local criminal record file and your file with the RCMP Identification Services of Canada has been initiated.
Once RCMP Ottawa has complied with our request, We will send you another letter confirming that the Cobourg Police Service and the RCMP Central Repository in Ottawa have destroyed your criminal record file, fingerprints, and photograph, and that the information has been removed from the Canadian Police information Centre (CPIC) database.
Please be aware that this Whole process from start to finish may take approximately ten months.
lf further information is required, please Contact:
The Cobourg Police Service