In Canada, an acquittal should mean the end of a legal nightmare—but for many, it’s just the beginning of a new challenge: living with the lingering effects of being charged. Despite being found not guilty, individuals often face lasting consequences that affect their reputation, employment, and ability to travel. These “collateral consequences” can be both surprising and deeply frustrating.
How Charges Can Follow You—Even After an Acquittal
Even when charges are withdrawn, dismissed, or result in an acquittal, records of the arrest and court process often remain in police and court databases. These records can be accessed or disclosed in various ways that continue to affect individuals long after their case concludes.
Non-conviction information, such as fingerprints, photographs, and police notes, can still appear in background checks. This information is often retained by the RCMP and local police indefinitely unless you take specific steps to have it removed. In practical terms, this can mean employers or volunteer organizations learning of past charges through a police background check—even when the court has found you not guilty. The stigma that results can be damaging, and may cost you professional or community opportunities.
Travelling, especially to the United States, can also become complicated. U.S. Customs and Border Protection may access Canadian police databases and deny entry solely based on the existence of an arrest record, regardless of the case outcome. Further complicating matters, court proceedings in Canada are generally public, and many jurisdictions now maintain online databases of case files. News coverage and digital court records can continue to link your name to criminal allegations, which may persist in search results or public memory even after an acquittal.
Taking Steps to Minimize the Impact
Although these consequences can be serious, there are concrete steps that can help reduce or eliminate their long-term effects. One of the most effective is to apply for the destruction of police records such as fingerprints and photographs. This process involves submitting a written request to the police service that handled your case. To be eligible, you generally need to be over 18 years old, free of criminal convictions, and have no outstanding charges. Most police services require a waiting period following the conclusion of your case. For instance, Toronto requires applicants to wait five months after the final disposition, while Belleville requires only 30 days.
When applying, you’ll typically be asked to provide your full name, date of birth, contact information, a copy of valid government ID, and details about your charges and their outcome. A processing fee may apply, which varies depending on the jurisdiction. If the request is approved,
the local police will forward their recommendation to the RCMP, which can then remove your data from the national database.
However, this process is not automatic and not guaranteed. A request may be denied based on the seriousness of the original charge, how much time has passed, or a police service’s view of the public interest. In some jurisdictions, applicants are given an opportunity to appeal or provide additional information for reconsideration. If your record involves an incident that occurred while you were a youth, it may be subject to automatic destruction timelines under the Youth Criminal Justice Act, although following up is still recommended to ensure compliance.
Knowing Your Rights Under Provincial Law
In Ontario, individuals benefit from additional legal protections under the Police Record Checks Reform Act, 2015. This legislation governs the disclosure of police records during background checks conducted for employment, volunteer, or educational purposes. Under the Act, a background check cannot be conducted without your written consent. Furthermore, the results must first be disclosed to you directly, and may only be shared with a third party—such as an employer—if you give written consent a second time.
The Act outlines three types of police record checks: Criminal Record Checks, Criminal Record and Judicial Matters Checks, and Vulnerable Sector Checks. The first two generally do not disclose non-conviction information. However, a Vulnerable Sector Check may include non-conviction information if the police determine that it meets the criteria for “exceptional disclosure,” such as when the charge involved a child or vulnerable person and there are reasonable grounds to believe you may pose a risk. This disclosure standard is meant to be narrow, but it can still affect individuals who have been acquitted or had their charges withdrawn.
If you believe that a police service has improperly disclosed non-conviction information, you have the right to challenge that decision. A formal reconsideration request can be made within 45 days of receiving the record, and the police must respond within 30 days. In addition, organizations that receive the results of a background check are legally required to use that information only for the specific purpose for which it was requested.
Understanding these rules empowers individuals to better protect their rights and assert control over how their personal history is accessed and interpreted. It also allows you to challenge improper disclosures and ensure your information is not being misused.
Seeking Legal and Reputational Help
Navigating the aftermath of a criminal charge is never easy, even with an acquittal. Consulting with a criminal defence lawyer can help clarify your rights, guide you through the record destruction process, and assist in limiting reputational damage. In many cases, legal professionals can communicate with employers, police services, or other organizations on your behalf to correct misunderstandings or protect your interests.
It’s also worth paying attention to your online presence. Media articles, court summaries, and other digital records can remain accessible for years. In some cases, these materials can be removed, de-indexed, or counterbalanced through reputation management services or direct outreach to online publishers.
Final Thoughts
Being acquitted of a criminal charge should bring closure, but the practical realities of modern policing, public access, and digital records mean that the shadow of the criminal justice system can persist. Fortunately, with the right steps and legal guidance, it’s possible to protect your future. Whether through formal legal applications for record destruction or a broader understanding of your rights under provincial law, you have tools available to move forward.
If you need legal guidance, give us a call at (905) 541-2228 or fill out a consultation form and we’ll reach out to you shortly after.
