1. What's a record?

2. My criminal record is from many years ago. I was told that it automatically disappears. Is that true?

3. I was told that I must wait at least 5 years before applying to have my criminal record removed. Is this true?

4. What is the difference between a pardon and file destruction?

5. I Will I have to go court or attend any police office to have my file destroyed?

6. How long does it take?

7. How will I know that my record has been destroyed?

1. What's a record?

A record is when you have been charged with a crime. You still have a record if you were found not guilty, or were never convicted. Once you are fingerprinted, you have an FPS number. A fingerprint number (FPS#) is assigned to your name and date of birth, and will exist until you take steps to have this record cleared.

Also, although you may not have been found guilty or convicted, your FPS# will be revealed in criminal record searches. You can usually have your record destroyed if you were not found guilty. However, if you were ever convicted of even one offence then you will require a pardon.

2. My criminal record is from many years ago. I was told that it automatically disappears. Is that true?

No. Criminal convictions are not automatically destroyed or sealed. The individual must take steps and apply to have their record removed

3. I was told that I must wait at least 5 years before applying to have my criminal record removed. Is this true?

Waiting periods range from 3 months, for withdrawn, dismissed, acquitted or stayed charges, one year for absolute discharges, 3 years for conditional discharges and summary convictions, to 5 years for indictable convictions.

For convictions, waiting periods begin to run once the sentence imposed by the court is satisfied. For discharges, waiting periods begin to run from the court date. However, it is a good idea to start collecting the proper documentation as soon as possible so that you can determine your exact eligibility date and acquire all the necessary documentation.

4. What is the difference between a pardon and file destruction?

When a person is found guilty and convicted of an offence they require a pardon. The record, including fingerprints, photographs, and RCMP and court records are then sealed, and never opened unless the individual is subsequently charged with a criminal offence.

File destructions and purges apply to records where an individual was accused, fingerprinted and/or attended criminal court, but not convicted. In the case of file destructions and purges your fingerprints and photographs will be destroyed.

5. I Will I have to go court or attend any police office to have my file destroyed?

No. For a record destruction we will petition the named police service and will ask, on your behalf to have your record, photo and prints destroyed. We will also ask to have the RCMP notified to return all the information related to your file for destruction.

6. How long does it take?

It usually takes between 4 -6 months to complete. There are some police services that they will only do this procedure once and will NOT do it again if the same person is charged again.

7. How will I know that my record has been destroyed?

You will be directly notified by the police service.