It is the police of the Timmins Police Services Board that, upon written request, the Timmins Police Service will:
1. Destroy adult fingerprints, photographs and records of dispositions associated with non-conviction dispositions after the expiration of all applicable appeal processes, or, int he case of a stay of proceedings, after a period of one year unless:
(a) The individual’s records on file contain an alleged offence(s) listed as a primary designated offence or secondary designated offence as defined in section 487.04 of the Criminal Code R.S.C., 1985, c. C-46, as amended, or:
(b) there are compelling reasons in the public interest to refuse destruction.
2. In applying criteria 1(a) and 1(b) as listed above, give consideration to mitigating factors.
3. Establish a process of review for those cases in which destruction has been refused by the Service; and
4. Where destruction has been approved by the Service, make a recommendation to the RCMP for the destruction of records in its possession associated with the individual’s non-conviction disposition(s), where the criteria established by the RCMP have been met. (Timmins Police Services Board Fee Schedule requires payment of $34.00 when the application has been approved.)
Non-conviction dispositions are defined as:
- charges withdrawn (peace bond, acquitted, dismissed, quashed, discharged, stayed)
- A finding of not guilty by the court
- A stay of proceedings
- A finding of not criminally responsible by the court
Application can be made for the destruction of fingerprints and photographs taken by the Timmins Police Service for an arrest which did not result in conviction. There is a five month waiting period from the date of the last court appearance before an application will be accepted. This is to ensure that all pertinent documents are accessible for recall. The following conditions must also apply before the request is granted.
1. The applicant must be an adult (18 years of age or older at a date of arrest.)
2. The applicant cannot have ANY criminal convictions.
3. The applicant cannot have outstanding charges before the courts.
4. The alleged offence(s) cannot be listed as a primary designated offence or secondary designated offence as defined in section 487.04 of the Criminal Code, R.S.C. 1985, c.C-46 to view copy go to laws.justice.gc.ca.
5. Any Peace Bond must have expired before applying for destruction.
6. Disposition of all charges must fall into one of the following categories: withdrawn, acquitted, dismissed, quashed, discharged or stayed (Judicial Stay – 5 months waiting period, Crown Attorney Stay – 1 year waiting period.)
7. Absolute Discharge – 1 year expiry must have passed prior to application.
8. Conditional Discharge – 3 year expiry must have passed prior to application.
It should be noted that this process only allows for the destruction of fingerprints, photographs, and records of disposition held by the Timmins Police Service. Any associated Timmins Police Service reports maintained on in-service databases are subject to retention in accordance with the Timmins Police Service Record Retention Schedule.
Destruction of fingerprints and photographs does not guarantee the applicant access to the United States – this is solely at the discretion of the US authorities. To obtain information on travel waivers and cross border travel, log onto the Department of Homeland Security at www.DHS.gov or contact the Consulate General of the United States of America located at 360 University Avenue, Toronto, Ontario M5G 1S4 or contact the R.C.M.P. at www.rcmp-grc.gc.ca.
Eligibility for destruction of fingerprints, photographs and records of disposition is governed by policy and procedure.
An applicant will be notified in writing should their request for destruction be denied and supplied with the reason for refusal.
The applicant then has the right to request a review of this decision by submitting a written appeal, within sixty days of the date of refusal, to the Administrative Coordinator at the below-noted address.
Further information to support an appeal requiring the Timmins Police Service to give consideration to mitigating factors must be supplied, along with any court transcripts considered appropriate to substantiate the position.
Mitigating factors may include, but are not limited to:
- the seriousness or triviality of the alleged offence(s)
- mitigating or aggravating circumstances
- the age, intelligence, physical or mental health or infirmity of the applicant.
Consideration will be given to each appeal request and a decision will be rendered within 60 days of receipt of all documents required to complete the appeal process. The applicant will be notified of the outcome in writing. Should the appeal be denied, an individual may seek redress through the Courts.
CLICK HERE to download the Destruction of fingerprints form (pg 3)