The short answer: Often, yes. When charges are withdrawn, stayed, dismissed or end in an acquittal, your fingerprints, photos and the record of the charge can stay with the police service and on the national CPIC system until someone asks for them to be destroyed. That request is often called expungement, or record destruction. Each police service decides its own requests.
Updated October 8, 2026 · General information, not legal advice
What happens to an arrest record when there is no conviction?
Being charged usually means being fingerprinted and photographed. Those records, and the record of the charge itself, are kept by the police service that laid the charge.
Many people assume the file disappears when the case ends without a conviction. Often it does not. It can stay until a destruction request is made and approved.
Why it matters: a police check for a job, a volunteer role or travel can still turn up a charge you were never convicted of.
Which court outcomes may qualify for record destruction?
Police services generally consider requests for:
- charges withdrawn
- a stay of proceedings
- charges dismissed
- an acquittal or a finding of not guilty
- a peace bond
- an absolute or conditional discharge
Discharges are removed from the RCMP's national system after 1 year (absolute) or 3 years (conditional), but files held by the local police service can remain. Each police service sets its own waiting periods and rules, and they differ from one service to the next. If you also have a conviction, the usual route for that conviction is a record suspension (pardon).
Why it matters: the answer depends on which police service holds the file and how the case ended, so it helps to know both before you start.
Not sure where you stand? The RSC Eligibility Check is private and online. An FPWS specialist reviews your answers and emails you a personalized proposal. There is no obligation.
Can an arrest record affect travel to the United States?
U.S. border officers can see Canadian police information on CPIC. While an arrest record is there, it can lead to questions at the border, delays, or being told to apply for a U.S. entry waiver, even when there was never a conviction.
Once the record is destroyed, it is no longer there for U.S. officers to see. For people who have never been refused entry or tried to cross while it was on file, that can mean no questions about it at the border and no U.S. waiver needed.
The exception: if you were refused entry before, or tried to cross while the arrest record was still on file, it may already be in U.S. Homeland Security systems. Destroying Canadian files does not erase U.S. records, so a waiver may still be needed. Every entry decision belongs to U.S. Customs and Border Protection (CBP).
Why it matters: dealing with the Canadian file before your first trip can be much simpler than dealing with it after a refusal.
Expungement or pardon: which one do I need?
They cover different situations.
- Expungement (record destruction) is for charges that did not end in a conviction. You ask police to destroy fingerprints, photos and arrest records.
- A record suspension (pardon) is for convictions. You apply to the Parole Board of Canada once your waiting period is over. The Parole Board's application fee is $50.
Some people need both: a pardon for an old conviction, and destruction of a separate charge that was withdrawn.
A note on the word: in Canadian law, "expungement" also names a federal program for certain historically unjust convictions. Here we use it in the everyday sense of asking police to destroy records of charges that did not lead to a conviction.
Why it matters: starting with the wrong process can cost months. Learn more on our expungement page or in Does a Pardon Show Up on a Background Check?
Can I ask for record destruction myself?
Yes. Anyone can contact the police service that holds the file and ask about its process. You do not need a lawyer or a paid service.
Some people prefer help, especially when more than one police service holds a file, or when they also need a pardon or a U.S. waiver. Federal Pardons And Waiver Services (FPWS) prepares and follows up on these requests for clients who want that.
Why it matters: missing one police service that holds a file is the most common gap.
What happens after the RSC Eligibility Check?
You answer a few private questions online. An FPWS specialist reviews your answers and emails you a personalized proposal with the steps, an estimated timeline and an itemized cost. You decide whether to go ahead.
Quick FAQ
Does a withdrawn charge show up on a background check?
It can. Until a destruction request is approved, the record of the charge may stay with police and on CPIC.
Is record destruction guaranteed?
No. Each police service decides and can refuse.
Can I go to the U.S. after my record is destroyed?
Once it's destroyed, U.S. officers no longer see it. If you have never been refused entry or tried to cross while it was on file, that can mean no questions and no waiver needed. CBP still makes every entry decision.
What if I was convicted?
Expungement covers outcomes without a conviction. For a conviction, the usual route is a record suspension (pardon) through the Parole Board of Canada.
How long does it take?
It depends on the police service and its waiting periods. Your proposal gives an estimate for your case.
Not sure where you stand?
Charged but never convicted? Find out whether your record can be removed before your next trip or job check.
Private • Online • No phone call required • No obligation
Record Support Canada is an independent educational and referral resource. It is not affiliated with any government. This article is general information, not legal advice, and no outcome, timeline or approval is guaranteed.
Sources
- Parole Board of Canada: What is a record suspension?
- Criminal Records Act (discharges): laws-lois.justice.gc.ca
- Toronto Police Service: Fingerprint and photograph destruction
- Surrey Police Service: Fingerprint and photo destruction (non-conviction)
See Which Pathway May Apply to You
Private • Online • No phone call required • No obligation
CHECK MY ELIGIBILITYWhat you receive after your assessment
Estimated timeline
A realistic timeframe based on your record and the type of application.
Itemized costs
A clear breakdown of fees, with no surprises.
Clear next steps
A step-by-step plan so you know exactly what to expect.