What is the Elimination of Criminal Records?

Posted by John Smith on March 3rd, 2020

This article is for information only. It is NOT legal advice. For legal advice, consult with a private attorney or a criminal record removal services expert from the nearest legal services office.

What is the elimination of criminal records?

The elimination of criminal records is the legal process by which the criminal record of a person is eliminated. In general, criminal records are destroyed or returned to the person who committed the crime.

How can I get criminal record removal?

The removal of arrest records can be obtained in a few circumstances. But, if you were convicted, there is no procedure to remove a conviction from the registry. So if a person pleads guilty to a crime or if a judge or jury pleads guilty, the crimes in those records cannot be eliminated.

How can the history of arrest be eliminated?

Remove criminal offenses Canada is possible if:

- There was an arrest but no formal charges were filed, or
- There were arrest and formal charge but the charges were dropped for one of the following reasons:

Identity Error
No crime was committed, or
There was no legal basis.

These are the only circumstances where remove criminal records are possible. In which the history of arrest can be eliminated. You have to prove to the court that one of these circumstances applies. Also, you can only have a history of arrests for minor traffic offenses and you should not have pending criminal charges.

If you were arrested, charged and had a trial before a jury that found you not guilty, you have no right to have your arrest history removed. Your case does not fit into any of the two previous categories.

How can I request that my criminal records be removed?

If your case falls into category 1 or 2, you can file a petition to have the files related to the arrest removed. You can hire a private lawyer pardons services Canada to help you or you can file the petition yourself.

If you file the petition yourself, you must write it on a computer on letter-size paper. This petition must be filed in the court where criminal charges were filed against you. If no criminal charges were filed, the petition must be filed in the county court where the arrest occurred.
It is quite a long and complex process, so we recommend hiring Canada Pardon services for ease of the process.