Requesting Closure of a Local Criminal File
You may apply for consideration to have your local criminal file closed 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- The offence was disposed of in court by way of a non-conviction**, i.e. withdrawn, dismissed, or stayed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:
- Dismissed/Withdrawn – 30 days
- Stayed – 1 year
- Withdrawn/Dismissed with Peace Bond – upon completion of bond
- Absolute Discharge – 1 year
- Conditional Discharge – 3 years
- Withdrawn by Diversion – 2 years
- Acquitted/Found Not Guilty – 30 days
- You have no criminal charges currently before the courts
- You have no other convictions on file anywhere else in Canada
If you meet these criteria, you can complete and submit the ‘Request for Criminal File Closure’ application form click here, along with a non-refundable fee of $35.00.
Note that it may take up to one year for the closure request to be processed due to delays at the RCMP level.
You may also indicate in the application form whether or not you wish to receive notification of file closure in writing.
What happens when file closure is approved?
The RCMP will remove the Finger Print Serial number (FPS) from their national database
The Hamilton Police will purge the photograph(s) taken at the time of the booking process, and destroy any fingerprint cards, as well as related Crown case material in the local criminal file
Please note that the incident report pertaining to the arrest remains in our files for 25 years in accordance with our records retention bylaw.
** Charges resolved by way of an Absolute or Conditional Discharge after 1992 will be automatically purged from our files, as well as charges withdrawn by Diversion once the applicable retention period has elapsed.
You may submit this form in person at our Records Branch during regular business hours. We will also accept the application by mail, but you must include a legible copy of two pieces of identification (one with photo) and the applicable fee in the form of a certified cheque or money order (do not send cash by mail).
Download Request for Criminal File Closure form
If sending by mail, please address as follows:
Hamilton Police Service
Attn: Records Supervisor
Hamilton Police Service
155 King William Street
Please be sure to include your return your mailing address on the application form.
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