Can Police Records Be Expunged After a Withdrawn Charge?

The short answer

If your charge was withdrawn, dismissed or stayed, or ended in an acquittal, you do not have a criminal conviction. However, police may still hold your fingerprints, photographs and reports from the arrest. In Peel, you can apply to have your fingerprints and photographs destroyed once the waiting period has passed. Taking this step can reduce the chance that an old charge causes problems later. This guide explains who qualifies, how long to wait and how to apply in Peel. See our criminal records page for an overview.

What "expunged" means in Canada

People often use the word "expunge" to mean erasing a record. In Canada, there is no general process for erasing police records after a withdrawn charge. Instead, you can ask the police service to destroy your fingerprints and photographs, and those records are also removed from the RCMP's national system. Other police records, such as occurrence reports, may still be kept under the service's retention rules.

Who is eligible in Peel

According to Peel Regional Police, you must meet all of the following requirements:

• No conviction: You were arrested but not convicted.
• Age: You were 18 or older at the time.
• No record: You have no criminal record.
• No outstanding charges: You have no charges still before the courts.
• Waiting period: You have served the required waiting period.

Waiting periods

• Withdrawn, dismissed, not guilty or acquitted: The wait is 60 days from the final court date.
• Absolute discharge: The wait is 1 year.
• Conditional discharge: The wait is 3 years.
• Stay of proceedings: The wait is 1 year.
• Peace bond, probation or prohibition order: You can apply after the order ends.

Other police services

If you were arrested by a different police service, such as Toronto Police or the OPP, that service has its own process and rules. Each service decides requests for its own records, so you may need to apply to more than one service if more than one was involved.

What destruction does, and does not, remove

• Removed: Fingerprints and photographs are destroyed, and they are also sent to the RCMP for removal from the national system.
• Not necessarily removed: Occurrence reports and other police records may be kept under retention rules.

Processing can take up to a year. A request can be denied, for example because of a public safety concern or an ongoing investigation, but a denial can be reviewed.

Can non-conviction records show up on a background check?

• Criminal record check and judicial matters check: Non-conviction outcomes are not disclosed on these checks.
• Vulnerable sector check: Non-conviction information can appear only if a strict legal test is met.

See police record checks in Ontario.

Youth records

Youth records follow the Youth Criminal Justice Act and are not handled through this process. Access to youth records ends automatically after set periods. See youth criminal records.

Steps to take after your charge is withdrawn

1. Proof of outcome: Get written proof of the final outcome from the court.
2. Waiting period: Wait for the required period to pass.
3. Application: Apply to Peel Regional Police for destruction of your fingerprints and photographs.
4. Records: Keep copies of everything, including the confirmation letter.

For example, a person whose assault charge was withdrawn in January can usually apply in March.

Common mistakes

• Assuming it happens automatically: In most cases, destruction happens only after you apply.
• Applying to the wrong service: The application must go to the police service that took the fingerprints.
• Applying while another charge is outstanding: An outstanding charge usually makes you ineligible until it is resolved.

Why it matters

Even without a conviction, records of an arrest can come up in some situations, such as certain vulnerable sector checks, U.S. border inspections or immigration applications. Destroying fingerprints and photographs reduces the information that remains in police systems and can make it easier to answer questions about your past with confidence.

What to include in your application

Most police services ask for a completed application form, a copy of your identification and proof of the final court outcome. Some also ask for your date of arrest and the police occurrence number. Providing complete and accurate information helps avoid delays, because incomplete applications are often returned.

If your request is denied

A police service may deny a request if it believes keeping the records is necessary for public safety or an ongoing investigation. If that happens, you can usually ask for a review of the decision. A lawyer can help by explaining the circumstances of the case and why keeping the records is not justified.

Non-conviction records and the U.S. border

U.S. border officers can ask about arrests and charges, not only convictions. Destroying fingerprints and photographs may reduce the information available in Canadian police systems. However, it does not control what U.S. officials already know or ask. Get advice before you travel if you have been arrested in the past.

What to do now

• Confirm the exact date your case ended and how it ended.
• Find out which police service took your fingerprints.
• Mark the date when your waiting period ends, and apply promptly.

Keep your own records

Keep a folder with your court outcome, your application and the police service's reply. Store a copy in a safe place, such as a scanned file. You may need these papers years later. They can help with job checks, travel and immigration forms. They also help if a record shows up again by mistake, which does sometimes happen.

How we can help

We can help you apply, and ask for a review if your request is denied. Call (647) 223-1980 for a free consultation.

Frequently asked questions