Fingerprint and Photograph Destruction in Canada: A Complete Guide
When a person is arrested in Canada, police will typically take fingerprints, photographs, and other biometric identifiers as part of the booking process. Even if the charges later result in a withdrawal, stay of proceedings, or acquittal, these records do not disappear automatically. They may remain on file both with the local police agency and in national databases maintained by the RCMP.
What Fingerprint Destruction Actually Removes
When an application is approved, police will destroy:
- Fingerprints taken at the time of arrest
- Photographs taken during booking
- CNI (Criminal Name Index) entries or other identifiers associated with the arrest
- The local police record of having taken these identifying documents
- Related entries held by the RCMP in the CPIC national database (if applicable)
However, it is important to understand what is not destroyed:
- Police incident reports
- General Occurrence files
- Court records and transcripts
- Any information required to be retained by statute or internal police policy
Thus, fingerprint destruction focuses on biometric material, not investigative history.
Who Is Eligible to Apply
Eligibility depends primarily on the outcome of the criminal charges. You are generally eligible if:
- Your charges were withdrawn, stayed, dismissed, or you were acquitted/not guilty
- You were not convicted of the offence
- You have no outstanding charges anywhere in Canada
- You have waited the required period after the case ended
Typical waiting periods:
- 3 months after: withdrawal, dismissal, acquittal, not guilty
- 1 year after: stay of proceedings
- Longer (up to 5 years or more) for serious offences such as sexual offences, violent indictable matters, terrorism-related allegations, etc.
These timelines can vary by police department, so always confirm the specific policy of the agency that took the fingerprints.
Examples of Municipal Police Policies
Vancouver Police Department (VPD)
VPD allows requests for destruction after:
- 3 months for withdrawals, dismissals, acquittals, or not-guilty findings
- 1 year for stays of proceedings
Processing can take up to six months. If approved, VPD notifies the RCMP to purge national records.
West Vancouver Police Department (WVPD)
WVPD uses a formal Request for Destruction of Fingerprints, Photographs, and CNI Information form.
Waiting periods are similar, with extended waiting periods for serious offences.
Transit Police, Abbotsford Police Department, and Others
These departments follow comparable procedures but may require different documentation or timelines. In all cases, the request is discretionary and assessed case-by-case.
Step-by-Step: How to Apply for Fingerprint Destruction
1. Confirm Eligibility
Ensure your case resulted in a non-conviction outcome and that mandatory waiting periods have elapsed.
2. Gather Required Documentation
Typically includes:
- Two pieces of government-issued ID (one must have a photo)
- Court disposition documents, if necessary
- Completed application form or destruction request letter
3. Submit the Request
Depending on the police service, you may:
- Drop off the application in person
- Mail it to the records department
- Occasionally submit electronically (rare)
4. Police Review
The police service will:
- Verify your identity
- Confirm the court outcome
- Conduct internal checks
- Decide whether destruction is appropriate
This step can take months, especially in larger agencies.
5. RCMP Purge (If Applicable)
Local police will notify the RCMP to destroy your national biometric record.
This ensures the information is removed from CPIC, Canada’s national police database.
6. Receive Written Confirmation
If approved, you will receive a formal confirmation letter stating that your fingerprints, photographs, and related identification records have been destroyed.
Reasons a Request May Be Denied
Applications may be denied if:
- You were convicted of any offence
- You have outstanding charges
- Insufficient waiting time has passed
- The offence is deemed too serious for destruction
- Public interest requires retention
- The arresting agency is not the one receiving the request
Some police services allow reconsideration if you provide further documentation (such as proof of the case outcome).
Important Caveats
- Fingerprint destruction does not erase police incident reports.
- It does not remove court records.
- It may not eliminate all references during certain types of security screenings.
- It is not automatic — you must apply.
- Approval is discretionary, not guaranteed.
Because of these limitations, individuals often benefit from legal assistance to ensure the strongest possible request.
Conclusion
Fingerprint and photograph destruction can be sought by those who were were arrested but not convicted. Although the process requires time, documentation, and compliance with specific police procedures, successful destruction removes your biometric identifiers from both local police files and national RCMP databases.
Contact Vayeghan Litigation today for a confidential consultation and take the first step toward protecting your future.
Call us at 778-653-3995 or email law@mvlitigation.com now to discuss your case.
