Requirements to cancel police records in Canada

Posted by John Smith on December 31st, 2019

The police record arises from the moment in which police proceedings are instructed for acts classified as crimes, or even others of an administrative nature and their subsequent referral to the Judicial or Administrative Authorities. The subject's police records are recorded in the files of the Security Forces and Bodies (police, civil guard, etc.) and are only for internal use.

Criminal records, on the other hand, require a final conviction issued by a judge or court in criminal proceedings. Registration is made in the Registry of Penalties and only the penalties and security measures imposed are recorded. 

The possession of a criminal record has a greater consequence than the police record, for example for the purpose of recidivism.
Thus, you can have the police and non-criminal record. For example, if a person is investigated by the Police for the commission of a crime, gives a statement in police dependency, it is sent to the Court overcrowded for his alleged participation in that criminal act, but then the Court files the file or held the trial. 

The police records will be recorded in the corresponding registry or files of the National Police, Civil Guard or regional police, where the initial procedure will be processed.

Cancellation of the police record:

To Remove criminal offenses Canada is possible with Pardon Services Canada.

The right of access to the personal data files of the Police or the Civil Guard referred to the Organic Law, may only be exercised at intervals of not less than 12 months, unless the affected person proves a legitimate interest to the effect, in which case, you can exercise it before. Being a very personal right, it will be exercised by request addressed to the person responsible for the file with a means that guarantees its identification.

These rights will be enforced by the person responsible for the file within 10 days of receipt. In the request for the right of rectification you must indicate what data is wrong and the correction that must be made with the supporting documentation.

Likewise, the request to cancel the police record must accompany supporting documentation of the data or data that you intend to remove.