Request Closure of Non-Conviction Criminal File

A person may apply to the Chatham-Kent Police Service to have any non-conviction entries on their criminal record removed if ALL of the following circumstances apply:

• Your non-conviction relates to charges laid by the Hamilton Police Service
• The offence was disposed of in court by way of a non-conviction. i.e. withdrawn, dismissed, or stayed
• The applicable wait time has elapsed since the non-conviction was registered:

1. 1. Dismissed/Withdrawn – 60 days
   2. Stayed – 1 year
   3. Withdrawn/Dismissed with Peace Bond – upon completion of bond
   4. Absolute Discharge – 1 year
   5. Conditional Discharge – 3 years
   6. Withdrawn by Diversion – 2 years
   7. Acquitted/Found Not Guilty – 60 days

• You have no criminal charges currently before the courts
• You have no other convictions on file anywhere else in Canada

A non-refundable fee of $39.55 ($35 plus HST) applies to any request for the closure of any non-conviction entries on your criminal record.

If you meet the criteria above, please complete the following form and provide to the CKPS.

CKPS – Request for Destruction of Fingerprints and Photographs

Requests to close any non-convictions entries from your criminal record shall be in writing and shall be addressed as indicated on the reverse side of this form.

When a request for criminal record destruction is approved, the requestor will be notified in writing after the destruction of the records.

REQUEST FOR RECONSIDERATION

When a request for criminal record destruction is refused, the requestor will be notified of the refusal and the reason for the refusal. The requestor shall have the right to appeal the refusal. The request for appeal shall be in writing.

An additional non-refundable fee of $39.55 ($35 plus HST) will apply to any Request for Reconsideration.

Chatham-Kent Police Service
Attn: Manager – Corporate Services
P.O. Box 366, 24 Third Street
Chatham, Ontario N7M 5K5

No oral representations or hearings will take place. The appeal will be reviewed by the Deputy Chief of Police, the Inspector in Charge of the Administrative Support Branch and the Professional Standards Staff Sergeant and a final decision will be made by that committee. The Deputy Chief will notify the requestor the results of the appeal.

Criminal records of persons granted pardons within the provisions of the Criminal Records Act, shall be sealed, kept separate from other criminal records, and shall be destroyed after 5 years plus the current year. Such records shall not be disclosed to any persons, nor shall the existence of such records or the facts of the convictions be disclosed to any persons, unless permitted by law.

Please NOTE: If you received a Conditional or Absolute Discharge prior to July 24, 1992, you must apply in writing to the R.C.M.P. to request your file to be destroyed. Once this is done and you receive a letter of confirmation, bring this in to us so we can close your local file. This request form can be downloaded directly from the R.C.M.P.’s website at www.rcmp-grc.ca.

For more information or assistance with Criminal Records you may contact Karen Baillargeon @ (519) 436-6612 or e-mail her at karenb@chatham-kent.on.ca.