DUI non-conviction records after dropped charges, acquittal, or pardon (record suspension)

Many clients ask if being acquitted of DUI, or having the Crown withdraw the charges, means the record of their arrest is removed entirely. The answer to this question is no. Police keep electronic and paper records of all individuals who are charged with criminal offences. If you get charged with DUI, the charge will be kept in the local police database indefinitely.

This means even if the charge is later found to be unwarranted and dropped (or you are found not guilty) there will always be a record of the fact you were charged. This record will be stored in the local police database of the police department that arrested you, the national CPIC database administered by the RCMP (this likely will eventually be removed in cases of non-conviction, though sometimes an application may be required), the courthouse ICON computer system, and with the provincial Crown Attorney's office.

But I heard my fingerprints and picture could be destroyed?

While most police agencies will agree to destroy fingerprint and photograph information upon application if charges result in a non-conviction, this does not mean they are destroying all records of the arrest. They still keep a record of the charge and its disposition. Furthermore, it can often take up to two years for fingerprint records to be destroyed.

The police, customs, and other law enforcement agencies will always have the ability to see you were charged with DUI in the past even if you are not convicted or convicted and later pardoned. It never completely goes away. Even if the RCMP CPIC database information is eventually removed (by application or otherwise) it will still remain with the arresting police force. Other police forces, IIRC, U.S. Customs can obtain this information by simply asking for it.

Canadian non convictions can sometimes be included on police vulnerable sector screening checks and cause people to be denied entry into the United States. If the person is a professional (Doctor, Teacher, Dentist, Nurse, Pharmacist, Engineer, etc. they may be required to disclose the charge to the governing body of their occupation. Some professions and travel/immigration visa applications will also ask questions such as "have you ever been arrested before?".

Anyone charged with impaired driving (who is fingerprinted and has to attend court) has been arrested and charged. As such the answer to "have you ever been arrested or detained" will always be yes regardless of the outcome of their case.

It is important that your lawyer know how to proactively take all steps to minimize any potential issues related to non-conviction arrest records. Many permanent problems with travelling, immigration and employment can be avoided by taking certain steps upfront to prepare for and address these issues in advance.

Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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