Toronto Fingerprint Destruction Lawyer

Toronto Fingerprint Destruction Lawyer


Being charged with a criminal offence is a taxing process emotionally and financially. Everyone charged with a crime usually has an objective to walk away from the process as unscathed as possible, and ideally without a permanent criminal record. Aside from the outcome of the court process, people often wonder what happens to the fingerprints and photographs that you provide to the Toronto Police Service (TPS) prior to your case commencing. In this article, and explanation of the process of applying to have your fingerprints and photographs destroyed is provided. Legal advice about the fingerprint destruction process should always come from a Toronto Fingerprint Destruction Lawyer and the information provided in this article is meant to provide basic guidance to you in this process.

Note that this article focuses on the process with TPS and not other municipal police services. Each police force may have their own and different policies, and the application process may be different.

How Are Fingerprints Taken by Toronto Police

Fingerprints of charged persons are captured using a Livescan system which uses a laser scanning device that replaces ink. These scanned fingerprints are then electronically sent from police stations in Toronto to FIS and then on to the RCMP after descriptors and mugshots are merged from the RICI system.

What are the Requirements to Submit a Fingerprint Destruction Application

There are a number of requirements that have to be met in order to be eligible to submit an application:

• The applicant must be an adult (18 years of age or older at date of incident/occurrence)

• The applicant cannot have any criminal convictions

• The applicant cannot have outstanding charges before the courts

Who May Submit a Fingerprint and Photograph Destruction Application

You may submit an application and complete the process on your own, or you may hire a Toronto Fingerprint Destruction Lawyer to submit an application on your behalf.

Wait Periods That Apply Before Applications Can Be Submitted

You cannot submit a Fingerprint and Photograph destruction application anytime you wish.

There are important timelines you must follow before submitting the application, or before your Toronto Fingerprint Destruction Lawyer submits the application for you.  These timelines are as follows:

• Any Peace Bond must have been completed before you apply

• Stay of proceedings – a one year waiting period applies from the date of the stay

• Withdrawal of charges – a five month waiting period applies from the date of the withdrawal

• Absolute Discharge  – one year must have passed rom the date of sentencing

• Conditional Discharge – three years must have passed from the date of sentencing

Will My Fingerprint and Photograph Destruction Application Be Successful?

Unfortunately, the Toronto Police Service has a policy that regulates when they are to accept or reject applications.  Not all applications, therefore, will be approved. 

Generally speaking, TPS will reject applications where they relate to charges that are defined as “primary” or “secondary” designated offences.  Consult with a Toronto Fingerprint Destruction Lawyer to determine whether the charges you were facing fit within these categories, as the nature of your application may be different.

Examples of primary and secondary offences include:

  • Human trafficking
  • Infanticide
  • Intimidation of a justice participant
  • Assault with weapon
  • Sexual assault
  • Assault
  • Aggravated assault
  • Assault causing bodily harm
  • And more

What Happens if TPS Rejects My Application

If your initial application is rejected, you will be afforded a right to appeal it.  There will be a deadline to submit your appeal as well as indicated in TPS’s response letter.  Assistance with an appeal from a Toronto Fingerprint Destruction Lawyer may be crucial to increase the odds of winning.

Andrew Captan – Toronto Fingerprint Destruction Lawyer

Andrew Captan is a Toronto Criminal Lawyer and Toronto Fingerprint Destruction Lawyer. For a FREE consultation regarding your situation, please call him at (647) 878 – 6355, e-mail him at or visit his website HERE.

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