It is the policy of the Orangeville Police Service that, upon written request, the Orangeville Police Service will:
1. Review the request to destroy adult fingerprints, photographs and records of dispositions associated with non-conviction disposition(s) after the expiration of all applicable appeal processes, or, in the case of a stay of proceedings, after a period of one year unless:
(a) The individual’s record on file contain an alleged offence(s) listed as a primary designation 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 1a) and 1b) as listed above, give consideration to mitigating factors.
3. Submit a recommendation to the RCMP Records Compilation Branch 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.
Non-conviction dispositions are defined as:
1. Charges withdrawn (peace bond, acquitted, dismissed, quashed, discharged, stayed)
2. A finding of not guilty by the court
3. A stay of proceedings
4. A finding of not criminally responsible by a court
Application can be made for the destruction of fingerprints and photographs taken by the Orangeville Police Service for an arrest which did not result in conviction. 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 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Withdrawn, acquitted, dismissed, quashed, discharged or stayed (Judicial or Crown Attorney Stay – 1 year waiting period).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 Orangeville Police Service. Any associated Orangeville Police Service reports maintained on in-service databases are subject to retention in accordance with the Orangeville Police Service Record Retention Schedule (OPTIC retention).
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 Court Secretary at the below-noted address.
Further information to support an appeal requiring the Orangeville 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:
1. The seriousness or triviality of the alleged offence
2. Mitigating or aggravating circumstances
3. 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 sixty 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.
Please click here for the Fingerprint and Photograph Destruction Application Form.