Fingerprints play a key role in criminal investigations in Toronto. However, if you’ve faced charges that were resolved in your favor, you might want those records destroyed. A lawyer can guide you through this process, advocating for your right to privacy. Understanding fingerprint retention and destruction policies is your first step toward clearing your name.
How Are Fingerprints Taken by Toronto Police?
When arrested in Toronto, the police will routinely take your fingerprints and photographs as part of their standard identification procedure. Here’s a breakdown of how your fingerprints might be taken:
- Traditional Ink and Roll. This classic method involves rolling your fingers in ink and then pressing them onto a fingerprint card. The ink impressions are used to create a detailed record of your unique fingerprint patterns.
- Live Scan Technology. Live scanning systems replace ink with digital scanners. Your fingerprints are scanned electronically, creating a digital image that can be easily stored and transmitted to law enforcement databases.
Both methods result in detailed records of your fingerprints. These records are then linked to any criminal charges and become part of a law enforcement database.
Requirements to Submit a Fingerprint Destruction Application
To successfully apply for the destruction of your fingerprints and photographs in Toronto, you must meet the following specific eligibility criteria:
- Acquittal
- The Crown Prosecutor withdrew the charges against you, or a judge stayed the proceedings, halting the case.
- The charges were dismissed by a judge, possibly due to procedural errors or a lack of evidence.
- If you pleaded guilty, you received an absolute discharge after a period of probation (typically one year).
- You pleaded guilty and received a conditional discharge after completing a probationary period with specific conditions.
- Even if you meet one of these criteria, you may still face specific waiting periods before you can apply.
Who May Submit a Fingerprint and Photograph Destruction Application
Anyone who was arrested by the Toronto Police Service (TPS) and meets the eligibility requirements outlined earlier may submit an application to have their fingerprints and photographs destroyed. This includes:
- Individuals who were arrested and charged as adults.
- Individuals who were arrested and charged under the Youth Criminal Justice Act. In certain cases, a young person’s records might be automatically destroyed or sealed upon the completion of their sentence.
Wait Periods That Apply Before Applications Can Be Submitted
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Even if you meet the eligibility requirements, there are specific waiting periods you must observe before submitting your fingerprint destruction application in Toronto. These wait periods vary based on how your case was resolved and are designed to ensure all relevant legal proceedings are finalized:
- Not guilty verdict, withdrawn, stayed, or dismissed charges. You typically must wait a period of 5 months from your last court appearance. This ensures all necessary paperwork is processed.
- Absolute discharge. A one-year waiting period from the date your discharge was granted is usually required.
- Conditional discharge. A three-year waiting period from the successful completion of your probation is standard.
- Peace Bonds. If you agree to a peace bond, you’ll need to wait until the peace bond expires.
Will My Fingerprint and Photograph Destruction Application Be Successful?
While meeting the eligibility requirements and waiting periods increases your chances, there’s no guarantee that your fingerprint destruction application in Toronto will be successful. The Toronto Police Service (TPS) carefully examines each application, weighing several factors before reaching a decision.
Factors the TPS considers include:
- The Nature and Severity of the Original Charges. The TPS is more inclined to grant destruction requests if the original charges are less serious.
- Your Criminal History. Having a history of multiple convictions or previous charges, even if resolved in your favor, can make it less likely for your application to be approved.
- Public Interest and Safety. In rare circumstances, the TPS may deny an application if they deem retaining your fingerprints and photographs necessary for public safety concerns.
Examples of primary and secondary offences include:
Understanding the legal terms ‘primary’ and ‘secondary’ offenses is helpful when discussing fingerprint destruction. Below are these terms, with examples:
- Primary Offenses. These are generally more serious in nature. Examples include:
- Assault
- Theft
- Impaired Driving (DUI)
- Drug Trafficking
- Secondary Offenses. These are considered less serious and often encompass regulatory or administrative violations. Examples include:
- Traffic violations (speeding, running a red light)
- Seatbelt violations
- Noise bylaw infractions
What Happens If TPS Rejects My Application?
Receiving a rejection for your fingerprint destruction application can be disheartening, but it doesn’t mean the process is over. The TPS is obligated to provide clear reasons in writing for their decision to deny your application. These reasons might include concerns about the seriousness of the original charge, potential public safety risks, or other factors they deem relevant. Understanding these reasons is the first step toward a successful appeal.
You typically have the right to appeal the TPS decision to a higher authority. This might involve filing a formal appeal with the police service itself or seeking review by a judge or a specialized tribunal. The specific appeal process depends on the jurisdiction where you were arrested.
Criminal lawyers in Toronto are your greatest asset if your application is rejected. They will:
- Carefully examine the TPS’s stated reasons to identify potential weaknesses, and develop legal arguments to counter them.
- Gather evidence, draft compelling written submissions, and advocate persuasively on your behalf, stressing your entitlement to fingerprint and photograph destruction.
- Guide you through the potentially complex legal processes involved in an appeal, ensuring all deadlines are met and your rights are fully protected.
A Toronto fingerprint destruction lawyer is an invaluable ally throughout this process. They provide tailored guidance, address potential complexities, and strongly advocate for clearing your name. If you’re seeking to leave your past behind, consulting an experienced lawyer will significantly increase your chances of a successful fingerprint destruction application.