Questions and Answers about the Policy for the Retention and Destruction of Non-Conviction Information – Adults

Canadian Criminal Real Time Identification Services

• Is a non-conviction record different from a criminal record?
• If I am charged with a crime but not convicted, does the RCMP automatically destroy my non-conviction record?
• Under what circumstances would the RCMP deny a request for destroying a non-conviction record?
• Does the RCMP treat certain criminal offences differently from others when determining if non-conviction information should be destroyed?
• Why does the RCMP keep non-conviction records?
• Who can access non-conviction information?
• Is the RCMP allowed to keep this information?
• How long does the RCMP keep non-conviction information?
• How do I make a request to have my non-conviction record destroyed?
• When can I request my non-conviction record to be destroyed?
• How do I know if my request is approved or denied?
• The RCMP has denied my request to destroy my non-conviction record. Can I appeal the decision?
• Do these procedures apply to all police services in Canada? Do all police services follow the same procedures?

Is a non-conviction record different from a criminal record?

Yes. A non-conviction record refers specifically to criminal charges with court decisions other than “guilty” (e.g. not guilty, acquitted, withdrawn, stays of proceeding, peace bond). In comparison, a criminal record must include charge information where an individual was convicted (e.g. guilty) of a criminal offence. An individual’s file may include conviction and/or non-conviction records.

If I am charged with a crime but not convicted, does the RCMP automatically destroy my non-conviction record?

No. The police agency that laid the charge must make a request to the RCMP. The RCMP will review the request and determine if it should be approved or denied.

Under what circumstances would the RCMP deny a request for destroying a non-conviction record?

Several factors are considered before non-conviction information is destroyed. This includes if the applicant has criminal convictions on file, or outstanding criminal charges before the courts. For the list of reasons why the RCMP would deny a request to destroy non-conviction information, please visit Compelling Reasons for Denying a Request to Destroy Non-Conviction Information.

Does the RCMP treat certain criminal offences differently from others when determining if non-conviction information should be destroyed?

Yes. When reviewing a request for destroying non-conviction information, the RCMP considers the nature and recentness of the criminal charge. Non-conviction information related to serious offences such as murder, treason, aggravated assault, sexually-based offences, and offences relating to terrorist activity is normally retained for a minimum of five years from the date of the decision.

Why does the RCMP keep non-conviction records?

Non-conviction information may be used by police agencies for operational activities, including crime scene investigations, identification of deceased persons, and the identification of persons with amnesia.

Who can access non-conviction information?

Non-conviction information is available to Canadian police agencies for identification and investigative purposes, if required. The information is not normally used for background checks or employment screening purposes.

Is the RCMP allowed to keep this information?

Yes. Information that is legally obtained in accordance with the Identification of Criminals Act may be kept by the RCMP. If an individual was fingerprinted at the time of being charged, and the charge was submitted to the RCMP, the information may be retained even if the court decision was a non-conviction.

How long does the RCMP keep non-conviction information?

The RCMP will keep non-conviction information in the National Repository of Criminal Records until the police agency which laid the charge requests the information to be destroyed. The information will be destroyed if the RCMP approves the request.

How do I make a request to have my non-conviction record destroyed?

You must contact the local police agency that reported the original charge. The police agency will make the official request to have the non-conviction record destroyed. In some cases, fingerprints may also be required to confirm your identity.

When can I request my non-conviction record to be destroyed?

You can request to have your non-conviction information destroyed at any time. However, if you have other charges before the courts, are under investigation, have a criminal record, or it has been less than a year since a peace bond was imposed or a stay of proceeds was entered, the RCMP may deny the request.

If it has been less than five years since the non-conviction court decision for a serious crime, such a treason, murder or sexual assault, you must provide documentation to support your request. Supporting documentation includes Crown proceedings, police service records, and/or court documents.

How do I know if my request is approved or denied?

The RCMP will advise the police agency that made the request. If the RCMP decides to retain the record, an explanation will be provided.

The RCMP has denied my request to destroy my non-conviction record. Can I appeal the decision?

Yes. You can appeal the decision by contacting:

Royal Canadian Mounted Police
ATTN: Director General, Canadian Criminal Real Time Identification Services
1200 Vanier Parkway, NPS Building
Ottawa, ON K1A 0R2

When appealing a decision, you should identify if there was an error in fact or process regarding the decision, and/or new information has been obtained that was not included in the original request. Any new information should also be provided to support the appeal, such as copies of applicable Crown proceedings, police service records, and/or court documents.

Do these procedures apply to all police services in Canada? Do all police services follow the same procedures?

No. The procedures outlined in the RCMP’s non-conviction policy are specific to non-conviction records in the National Repository of Criminal Records. To find out how non-conviction information is managed by your local police agency, please contact the agency directly.