Unknown Facts About File Removal

BusinessLegal

  • Author Nancy Collins
  • Published January 29, 2011
  • Word count 532

When you hear the phrase: "criminal record," what do you think of? Most people would think of things such as murders, theft and drug possession in relation to a criminal record. However, there are many other reasons why someone could have a record, and a lot of people do not even know that they have one! Unfortunately, many only find out about their record when it gets checked by a prospective employer or landlord.

How can you know if there are any existing files with your name on them? Don't automatically assume that because you have never committed a crime the police don't have any records of you. Here is a list of scenarios that could result in a record:

  • You were brought in for questioning by the police. (NOTE: In this case you would not actually have a record, but the fact that you were questioned by the police could show up on a Police Record Check.)

  • You were arrested and dismissed after the charges were dropped.

  • You were arrested, charged and then acquitted.

  • Your charges were withdrawn.

  • You were discharged either on an Absolute or a Conditional Discharge.

  • Your charges were resolved with a Peace Bond

If you have ever had any of the above scenarios happen to you, then looking into getting your police files destroyed is a recommended course of action. Having your records destroyed is an important step to living a normal life. A lot of opportunities tend to be closed for people with police records, and you will find it much easier to get into college or university, find a good job and a place to live once you have your records expunged.

If the first scenario applies to you, it would be best to request file removal as soon as possible – especially before you apply for a new job. If you have ever witnessed a crime and went to the local police station to give a statement, this is the type of information that could show up on a Police Record Check. Even though you didn't do anything wrong, it is always better that a potential employer doesn't see any involvement with the police when they look you up!

If you were not discharged, but were sentenced and served your time, you are not eligible for file removal. If this is your situation, you will need to apply for a pardon. For the rest however, file expungement is a great relief and lifts the worry and fear of being found out by loved ones. When these records are destroyed, they really are gone forever. They will no longer be available for anyone, including the police, to see, and will never be used against you in court. If your application for file expungement is granted, your records will be wiped clean.

You should keep in mind that the police do have the right to refuse your request to have your files removed and you will also have to make individual requests to each police station that has a record of your past involvement with them. The process of doing this can be tiring and long, so a lot of people choose to apply through a service.

Nancy Collins is a freelance writer who enjoys writing about a variety of topics. She is currently studying the process of file removal in Canada.

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