Navigating the Fingerprint Destruction Process with Peel Regional Police
If you’ve been charged with a criminal offence in Mississauga or Brampton, you will be provided with a date that you must attend for Peel Regional Police to take your fingerprints and photographs, which are permanently kept on their local database.
However, if your criminal charges did not result in a conviction, for example the charges were withdrawn or resulted in not guilty, you may apply for them to be destroyed. To ensure this is done correctly, it is important to understand the process including the minimum requirements you must meet to be eligible, and the appeal process should you be denied the first time.
At Bhangal Law, we understand the importance of protecting your privacy and pride ourselves on ensuring your case properly handled from start to finish seamlessly. If you have had your fingerprints and photographs taken by Peel Regional Police, here is what you need to know about the destruction process.
The Fingerprint Destruction Process
Seeking the guidance of a credible criminal lawyer is crucial to ensure the fingerprint destruction process goes smoothly and is completed with accuracy and in full detail.
1. Making the request for fingerprint destruction
The final step in wrapping up your case when you have not been convicted is applying to have your fingerprints and photographs destroyed. To be eligible for destruction, your charges must be marked as either withdrawn, found not guilty or expired as a result of a discharge or peace bond.
A formal request is made in writing and sent to Peel Regional Police which contains details of your case and the resolution.
2. Review of your case
Peel Regional Police will review your request and the case details to determine eligibility for fingerprint destruction. They may verify the following information:
– The charges were dismissed, or you were found not guilty.
– The relevant period for an absolute discharge, conditional discharge or peace bond has passed.
– That there are no other ongoing legal matters in your name.
If there are criminal charges pending in other jurisdictions, the request may be denied.
3. The decision
If Peel Regional Police decides to comply with the request, they will securely and permanently destroy your fingerprints and photographs associated with your case. They will notify you in writing confirming that they have complied with the request. However, they may deny your request.
What Happens After a Request is Denied?
Sometimes, Peel Regional Police will deny the request for destruction of fingerprints and photographs. They will inform you in writing, outlining their reasons for denial. However, you have the right to respond to their denial letter and submit your appeal requesting that they reconsider their decision.
Upon responding to their denial letter, it can take up to 3 months to receive a decision. There is no guarantee that Peel Regional Police will comply with the appeal. If you are denied again, their letter will outline if and/or when you will be eligible to re-apply.
When it comes to protecting your legal rights and ensuring that Peel Regional Police complies with the request, an appeal letter plays a crucial role. An experience criminal lawyer can assist you in preventing mistakes and securing a favourable outcome. At Bhangal Law, we understand the importance of thorough, detailed, and strategic appeals.
The Power of a Well-Crafted Appeal Letter
For individuals who have been acquitted or had their charges withdrawn, the retention of fingerprints can be an unconstitutional infringement on their rights.
At Bhangal Law, we ensure that every appeal letter is carefully constructed to highlight not only the facts of your case but also the constitutional rights that support your position. For example, in Canada, Section 8 of the Canadian Charter of Rights and Freedoms guarantees the right to be free from unreasonable search and seizure. This means that if your fingerprints are being retained after a case has been withdrawn or dismissed, it could be a violation of your constitutional rights.
Supporting Your Appeal with Case Law
The advantage of working with a criminal lawyer in Mississauga or Brampton ensures your appeal is exceptionally supported. A well-written appeal doesn’t just rely on the facts; it also leans heavily on relevant case law that strengthens the argument. This is where Bhangal Law truly excels. We conduct comprehensive case law research to ensure your appeal is supported by precedents that back your legal rights.
One key case that supports the destruction of fingerprints in situations where charges have been withdrawn is R. v. Dore. In this landmark decision, the court ruled that retaining fingerprints in such cases is unconstitutional, as it violates Section 8 rights under the Canadian Charter of Rights and Freedoms. The precedent set in this case is invaluable in strengthening the argument that fingerprint retention after case withdrawal is unlawful.
Another case that helps us fight for your rights is Lin v. Toronto Police Services Board. In this case, civil action was successfully taken against the police when they failed to destroy the fingerprints of an individual who had been acquitted. This case serves as a powerful reminder to law enforcement that failure to comply with legal requirements, especially regarding the destruction of fingerprints, can have serious consequences.
Challenging Peel Regional Police’s Reasons for Denial
In many cases, your request will be denied by citing provisions of the Criminal Code or other legal justifications. However, these justifications are not one-size-fits-all. At Bhangal Law, we carefully examine the reasons given by police to determine if they truly apply to your situation.
For example, while police might reference certain Criminal Code sections to justify the retention of fingerprints, these laws aren’t applicable to everyone. A blanket refusal to destroy fingerprints, especially for individuals who have been acquitted or had charges withdrawn, is overly broad and unjust. Our legal team scrutinizes the police’s reasoning and challenges these denials with a well-crafted, evidence-backed response
How Bhangal Law Can Help
We take pride in our ability to handle each case with the care and attention it deserves. Fingerprint destruction is a matter of upholding your constitutional rights. We understand the complexities of the law, and we fight to ensure that your rights are protected.
Our team’s success comes from our attention to detail, our deep knowledge of case law, and our commitment to challenging unjust practices. Each case is unique and is carefully assessed on its own merits to utilize relevant arguments and precedents to support it.
Our experienced legal team can assist with:
- Ensuring that you meet all eligibility requirements.
- Preparing and submitting your request for fingerprint destruction.
- Navigating any challenges or complications that may arise.
- Filing a thorough appeal letter.
If you are looking to have your fingerprints destroyed, or you’re facing a denial from the police, don’t settle for a blanket refusal. We’ll help you navigate the appeal process, challenge unjust denials, and fight for your legal rights – ensuring that your case is handled with the thoroughness and care it deserves
Frequently Asked Questions
1. Why are fingerprints collected?
Fingerprints are collected as part of the Identification of Criminals Act to identify individuals charged or convicted of criminal offences. This assists all police jurisdictions in identifying individuals for legitimate purposes such criminal investigations.
2. Why is fingerprint destruction important to do?
Fingerprint destruction is important for your personal rights and privacy. If you have been acquitted or your charges were withdrawn, it is unnecessary for the police to retain your personal information such as fingerprints and photographs as they have served their legal purpose and should be destroyed. Furthermore, if your fingerprints and photographs are still in police databases, you may be flagged when travelling and it can hinder job opportunities.
3. How long does the fingerprint destruction process take?
After making the initial request, it can take anywhere from 6 months to a year to receive a response. If you file an appeal letter, it can take up to 3 months to a year to receive a response.
4. How do I know if I am eligible for fingerprint destruction?
You may be eligible for fingerprint destruction if you were acquitted of all charges, the charges were withdrawn, no conviction occurred, you have completed the required period of an absolute or conditional discharge, or your peace bond has expired.
5. What if my request is denied?
If Peel Regional Police denies your request, you have the right to appeal. Our team of experienced lawyers assist clients in drafting strong appeals challenging unjust denials to increase the chances of a successful appeal.
Avtar Bhangal and Savena Bhangal at Mississauga Criminal Lawyers can help you, call 647-802-4211
