Fingerprint and Photo Destruction
An application can be made to have fingerprints and photographs destroyed. The requestor must complete a Request for Destruction of Fingerprints and Photographs form available at the front counter at 55 Fox Road. or click here: Fingerprint and Photo Destruction form
The following conditions must apply before an application can be made:
- A Peace Bond must have expired before applying for the destruction of fingerprints and photographs.
- The applicant cannot have pending charges against him or her.
- The applicant cannot have a criminal record.
- All charges against the applicant have been withdrawn.
Records to be destroyed are limited to fingerprints and photographs and do NOT include incident/arrest reports on file with the Port Hope Police Service. The destruction of fingerprints and photographs does not impact on any information included on a Background Check. The timely destruction of fingerprints and photographs are subject to the operational and administrative needs of the Service.
DESTRUCTION WILL ONLY BE PERFORMED FOR THOSE APPLICANTS WHO MEET THE ELIGIBILITY REQUIREMENTS LISTED BELOW: Eligibility Requirement for Individual:
-Have no criminal records (first time offender), -Have NOT previously applied for a destruction of fingerprints and photograph, including applications that are currently being processed, appealed and/or granted.
-Have NOT been investigated in relation to a police matter, AND -If the charge subject to this request does NOT involve, but is not limited to, offences involving Sex, Drugs, Violence or Weapons. If you meet the above requirements, you may have your fingerprints and photograph destroyed if the following time frame has elapsed: STAYED CHARGES
-At least one (1) year has elapsed from the date the stay was imposed (applies to judicial and prosecutorial stays)
-After one (1) year from the date of the disposition. CONDITIONAL DISCHARGE
-After three (3) years from the date of completion of sentence. ACQUITTAL
Other than by reason of a verdict of not criminally responsible on account of mental disorder) after two (2) months after the expiration of the time allowed for the taking of an appeal or when an appeal is taken, three (3) months after all appeal proceedings have been completed.
WITHDRAWN OR DISMISSED
- Other than by acquittal
-Thirty (30) days (appeal period) from disposition date. WITHDRAWN-PEACE BOND - Upon expiry of the bond, normally one (1) year from disposition date. WITHDRAWN-DIVERSION
- After two (2) years from the date of Diversion. Notwithstanding any provision of this procedure, the destruction of fingerprints and photographs will be undertaken at the sole discretion of the Port Hope Police Service and no provision of this policy shall create any private right to compel or require such destruction. You will receive a letter in the mail notifying you of the decision of your application within 60 days of your application date. Please be advised that if your application is approved it takes approximately 6 to 9 months from the approval date for the destruction of your fingerprints and photographs to be completed.
RECONSIDERATION PROCESS If you are denied destruction of your fingerprints and photograph, you may appeal the decision. The Appeal Committee shall consist of three panel members: the Chief of Police (or designate), the Sergeant in charge of the Identification Section (or designate), and the Information and Privacy Coordinator (or designate). The Committee shall meet and review the application and apply this procedure to render a decision to confirm, vary or overturn the decision. To commence the appeal process, make a written submission to the attention of the Chief of Police.
Submissions must be in writing and include supporting documentation (i.e. court transcripts, correspondence from solicitor) Please be advised that if you are granted a Fingerprint and Photograph Appeal, this does not affect any charges that may be listed on any background check. For information on obtaining a background check appeal, see Reconsideration Process