Reconsideration Process for Non-Conviction Records
Applicants may request to suppress non-conviction information, and exclude this information form the results of reference checks.
Non-conviction dispositions include, but are not limited to, absolute or conditional discharges, charges that have been withdrawn or dismissed, stays of proceedings and acquittals.
An applicant may, upon receipt of the results of a Vulnerable Sector Check, seek to have some or all the information of non-conviction entries excluded.
Such a request must be made by the individual in writing and submitted to:
- Toronto Police Service
Attn: Information Access Reconsideration Panel
40 College Street
All of the following information will be considered by the Service in processing a request for the exclusion of records:
- The seriousness of the alleged behaviour.
- The passage of time since the record was created.
- Relationship between the applicant and any victim or complainant (position of trust or authority).
- Age of the victim or complainant.
- The strength of the evidence (aggravating or mitigating), including whether the victim or complainant has made similar complaints against others.
- Other contact the applicant has had with the police.
- The need to balance the privacy rights and the right to employment of the applicant with the need to protect the vulnerable sector.
The individual will be informed in writing of the decision of the Service in response to his or her request for reconsideration. If the individual is dissatisfied with the response provided, the individual may seek to appeal the decision by the Reconsideration Panel within 30 days. The individual may provide additional information to address the factors in regards to this appeal.
If the applicant was fingerprinted s/he should also apply for fingerprint, photograph and records of disposition destruction. For further information and instructions visit Fingerprint Destruction.