A withdrawn charge, a dismissed charge, or another outcome short of a conviction does not create a criminal record, but the underlying file connected to it may still exist within a local police service's records. This guide gives a general overview of how someone might go about requesting that this kind of non-conviction information be destroyed or removed, and why the process is not identical everywhere in Ontario. It is general information only and does not replace legal advice about a specific situation.
What Counts as Non-Conviction Information
Non-conviction information generally refers to records connected to police involvement that did not result in a conviction or a finding of guilt. This can include a charge that was withdrawn by the Crown, a charge dismissed by a court, a stay of proceedings, an acquittal, or, in some contexts, records of police contact that never led to a charge at all. As explained on our page about police records versus criminal records, this kind of information is generally distinct from a criminal record, but it is not automatically erased just because no conviction resulted.
Why This Matters Even Without a Conviction
Even though non-conviction information does not create a criminal record in the formal sense, it can sometimes surface on more detailed background checks, and a related file, including fingerprints or photographs taken at the time of arrest, may still be retained by the police service involved. For someone who wants to be confident that this kind of information will not resurface later, requesting its destruction is generally the available avenue, rather than simply assuming it disappears with the passage of time.
A withdrawn or dismissed charge does not automatically disappear from a local police service's files. If you want it removed, a specific request is generally required.
Who to Ask: The Specific Police Service Involved
A request to destroy or remove non-conviction information is generally made directly to the specific police service, or RCMP detachment, that laid the original charge, rather than to a general provincial or federal body. This is because that police service is generally the one holding the local file, even though related information may also exist at a national level through systems such as CPIC, discussed further below.
Why Practices and Timelines Vary
Individual police services in Ontario generally set their own specific procedures, forms, and waiting periods for this kind of request, within whatever broader framework applies. As a result, the process for one police service can look meaningfully different from another; some, for example, may require a minimum waiting period after the final court appearance before accepting an application. Because of this variation, it is generally worth confirming the current process directly with the specific police service involved, rather than assuming that a description of one service's process applies everywhere in the province.
General Shape of the Request Process
While specifics vary, this type of request generally involves submitting an application, often in writing, to the police service that held the file, along with identifying information and details of the original charge and its outcome. The police service will generally review the request and decide whether to approve the destruction of the file, sometimes after a waiting period has passed. If approved, the police service may then take steps to have related national-level records addressed as well.
A request is not necessarily guaranteed to succeed. A police service may generally decline to destroy a file in certain circumstances, for example where there is an ongoing investigative interest, or where the specific outcome of the charge does not meet that service's internal criteria for destruction. Where a request is declined, some services generally provide a reason or an avenue to ask for reconsideration, though this again depends on the specific service involved.
Documentation is generally important throughout this process. Keeping copies of court documents showing the final disposition of a charge, such as a withdrawal or a stay of proceedings, can generally help support a request and avoid delays caused by a police service needing to verify the outcome independently.
National-Level Records
Beyond the local file, related information may also exist at the national level, connected to systems maintained by the RCMP. If a local police service approves a request involving fingerprints or related identifying information, it will generally coordinate with the RCMP regarding destruction of the corresponding national records as well, though this can add additional time to the overall process. This is a further reason it is generally worth starting a request as early as reasonably possible, rather than waiting until the information becomes urgent for some other reason, such as an upcoming background check.
How a Lawyer Can Help
A lawyer can sometimes assist with a request to remove non-conviction information, particularly where the specific police service's process is unclear, where a request has been denied, or where someone wants help navigating the paperwork and any waiting periods involved. This is not always strictly necessary for a straightforward request, but it can be useful where the situation is more complicated or where a first request was unsuccessful.
A lawyer who represented someone on the original charge is often well placed to assist with this kind of follow-up request, since they generally already have the relevant court documents and familiarity with how the case concluded. For someone without an existing lawyer, a new lawyer can generally still assist, though it may take a little longer to gather the necessary background information from the original court file.
Frequently Asked Questions
Does a withdrawn charge automatically disappear from police files?
Not automatically. The underlying file generally still exists with the police service involved unless a specific request for its destruction is made and approved.
Who do I contact to have non-conviction information removed?
Generally, the specific police service, or RCMP detachment, that laid the original charge, rather than a general provincial body.
Is the process the same at every police service in Ontario?
No. Practices, forms, and timelines generally vary between police services, so it is worth confirming the current process with the specific service involved.
Is there a waiting period before I can apply?
Some police services generally require a waiting period after the final court appearance before accepting this kind of request, though this varies by service.
Will this also remove information from national police databases?
If approved, the local police service will generally coordinate with the RCMP regarding related national-level records, though this can take additional time.
Can a lawyer help with this kind of request?
Yes, particularly where the process is unclear, a request has been denied, or the situation is otherwise more complicated than a straightforward request.