A year ago I was arrested and fingerprinted for theft under 5000 and possession of stolen property. When I went to court, my charge was not in the system and I got a letter saying I attended court. Now I am 18 and I'm planning to get a job that requires a records check.

Would I be able to submit a record destruction request to destroy my fingerprints and photographs? Would it appear on the check? If I submit the request... would it be possible for them to recharge me?

I was 17 at the time I was arrested and now I am 18. I live in Ontario canada.

You were a young offender they can not give that info out. Leave it alone they throw out all that anyway. It can not harm you. By law they have to throw that away when the court date is done. If nothing happened with the court date that stuff is gone. And you will not be charged again. You were protected under the young offenders act. Isn't CANADA GREAT!!

PS your charge was not in the system because you were not actually charged the crown through it out I would say. They take on the cases they feel are a threat. You were a young offender and it was under 5000. LUCKY BOY!
They destroy that right away. They have to!

Quote:

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Originally Posted by fde

You were a young offender they can not give that info out. Leave it alone they throw out all that anyway. It can not harm you. By law they have to throw that away when the court date is done.They destroy that right away. They have to!!

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Hello fde:

So, you snuck in during the night. You're causing me an untold amount of work having to correct all the real bad advice and the outright fabrications you made. Oh well, such is life.

Young man. Once your fingerprints are taken they are stored away forever. There is no law that allows for you to request their destruction. There just isn't any. Please don't listen to the wrong information posted above.

excon

Quote:

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Originally Posted by fde

You were a young offender they can not give that info out. Leave it alone they throw out all that anyway. It can not harm you. By law they have to throw that away when the court date is done. If nothing happened with the court date that stuff is gone. And you will not be charged again. You were protected under the young offenders act. ISN"T CANADA GREAT!!!

PS your charge was not in the system because you were not actually charged the crown through it out I would say. They take on the cases they feel are a threat. You were a young offender and it was under 5000. LUCKY BOY!
They destroy that right away. They have to!!

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I don't agree with your conclusion that the charges were thrown out - I just looked up the Young Offenders Act - it was repealed in 2003 and replaced with the Youth Criminal Justice Act which is far more comprehensive and detailed. (Interesting the YOA replaced a much earlier Statute and it was far more comprehensive than the earlier Statute!)

I don't quite understand Alphacharlie's explanation of being arrested and fingerprinted, he went to Court, the Court could not locate the charge and then he got a letter saying he had attended Court - I would think there was no final disposition because, for whatever reason, there is no Certificate of Disposition or other finding. In theory - at least in the US - depending on what the letter actually says, he simply made one appearance in Court - there is nothing that says the charges were dropped or disposed of. I have difficulty believing charges of theft and possession of stolen property were simply lost and/or forgotten. Of course, anything is possible!

Keep in mind this happened when he was 17, now he is 18, this is all within one year, the charges could very possibly be pending.

Alphacharlie asks if it is possible he would be "recharged" if he brings the fingerprint/photograph issue to the Court's attention which further leads me to believe there was no final disposition of this matter. If it were over, it would be over.

As a minor, yes, he could petition for the destruction of his fingerprints and photos - but the law appears to read that is only automatic if the person is 17 or under. He is now 18.

Would be interesting to see what an employment records check would turn up.

No way ! The charges are destroyed when you are 18 it is Canadian law!!
Nothing that he did can hurt him at 18 unless he was convicted as an adult!
Even if he stabbed a kid in school went to juvi by the time he is 18 unless he is still serving his sentence he is safe from any records!!
Every kid in this country is instructed of the young offenders act. I am shocked he did not learn this in school
It would be interesting what a employment record would turn up. But that is the whole reason the YOA is in place it protects you from anyone including a employer, cops, even military from knowing a past that may be for being stupid and young. It gives you a chance to have a great life record free!

Excon You are a rude..
The fingerprints are destroyed!! Ask any cop or lawyer you want! Are you from Canada?
Young man all you have to do is get a free consult from any law firm you wish. That is right Free!

Hello again:

Yup, apparently I am wrong (on this issue). K, I'll live. However, on those other issues that I called you out on, I ain't wrong.

Sorry, Young Man.

excon

PS> (edited) I'm not wrong?? K. I'll live even better.

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Originally Posted by fde

Excon You are a rude ........... !
The fingerprints are destroyed!!!! Ask any cop or lawyer you want! Are you from Canada?
Young man all you have to do is get a free consult from any law firm you wish. That is right Free!

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Excon is NOT WRONG. Read my post - how can you say unequivocably that the fingerprints are destroyed when you don't even know if the charges have been disposed of OR if he could be sentenced as a juvenile or adult?

So you are recommending he just go ahead, say nothing, not check on his status (which, if you read my post, I have some concerns about) because you KNOW his fingerprints and photos have been destroyed?

Being from Canada or not being from Canada has nothing to do with this; it's more about researching, reading and understanding.

Not everyone who disagrees with you is rude - and let me know who will give a free consult on such a complicated question. This is not a case of "I was found guilty or innocent, paid my fine, served my volunteer time and it's over." This is a case of, "What?"

[QUOTE=excon]Hello again:

Yup, apparently I am wrong (on this issue). K, I'll live. However, on those other issues that I called you out on, I ain't wrong.

Sorry, Young Man.

excon



I don't think you were wrong. The statement that this person was a youthful offender is incorrect - no one knows that, including the offender, because of the somewhat strange circumstances; no one knows if the stuff is gone because "nothing happened on the Court date," the statement that "you will not be charged again" is without foundation. I don't understand the statement that the Crown only prosecutes cases they feel are a threat - ?

And I don't know about the whole "we'll destroy the photos and fingerprints and no one will ever know about this" story - you might be (or, again, maybe you wouldn't be) amazed at what Police and general background checks turn up. Sure, then you can then protest and track down the info and have it destroyed - but the cat is out of the bag.

From my knowledge fingerprint records first are not criminal records, people are fingerprinted for jobs, for background checks and more. So fingerprint records are not destroyed but then tey are not part of your criminal hisotry.

And with all the issues of liablity I just don't believe actual records are destroyed, sealed and not allowed to be used, yes, but the trial of records, in local police national data bases, court orders and the such, just could not be done if you wanted to.

For example lets say they were really destroyed, but an issue came up about your case, no way to prove it, if the records were destroyed.

I am trying to understand. I understand that I told him to get a consult. Yes free they are everywhere. It is called coemptition. They will give you advise on any issue.

The YOA any record of a minor is destroyed anyway my love try to get some help by council.
Then drag out your old sociology text from high school and look it up for yourself.
All he had was theft under 5000 keetea!

Sorry you think my advice is so bad.

Quote:

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Originally Posted by fde

I am trying to understand. I understand that I told him to get a consult. Yes free they are everywhere. It is called coemptition. They will give you advise on any issue.

The YOA any record of a minor is destroyed anyway my love try to get some help by council.
Then drag out your old sociology text from high school and look it up for your self.
All he had was theft under 5000 keetea!

Sorry you think my advice is so bad.

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Now I'm lost - what is "coemptition" in Canada? I'm out of this discussion having said all I have to say many times.

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Originally Posted by JudyKayTee

Now I'm lost - what is "coemptition" in Canada? I'm out of this discussion having said all I have to say many times.

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I think he means "competition". Having said that, my wife is a lawyer here in Canada and you won't get much for free though many people try. Usually it's a case of a lawyer wanting to know some details of the case in order to decide if a) the lawyer will take the case and b) the client isn't wacko. If the lawyer takes the case the next order of business is the retainer or no work will be done.

Hello again:

Just a final note:

A lawyer, like any businessman, is out to make sales. When a prospect comes into his/her office, until that retainer agreement is signed, LAW isn't happening in that office. SALESMANSHIP is.

Every good consumer should be able to detect the difference. Apparently, fde cannot.

excon

Yes I can!! But I don't think any good Canadian lawyer will turn the boy away. If he asks (with the YOA is my record destroyed now that I am 18. I was charged with theft under 5000. When I was 17.) I'm not talking any more than a yes or no ANSWER!!

Man you are a very judgemental person excon! I Don't know what it was that bent you out of shape. I thought this was a site for peoples advice you can take it or leave it. NO TWO PEOPLE ARE ALIKE or there advise. Take it from me life is to short to be so uptight my dear. Next thing you know your in a cold fridge.

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Originally Posted by fde

Yes I can!!! But I don't think any good Canadian lawyer will turn the boy away. If he asks (with the YOA is my record destroyed now that I am 18. I was charged with theft under 5000. when I was 17.) I'm not talking any more than a yes or no ANSWER!!!!!

Man you are a very judgemental person excon! I Don't know what it was that bent you out of shape. I thought this was a site for peoples advice you can take it or leave it. NO TWO PEOPLE ARE ALIKE or there advise. Take it from me life is to short to be so uptight my dear. Next thing you know your in a cold fridge.

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Excon can defend himself (and undoubtedly will with great flare); that being said - once again, someone disagrees with someone or corrects someone and so they are judgmental or uninformed or whatever -

And, yes, you can take people's advice... or leave it. However, when consistently incorrect info is posted someone has to step up and say, "You are wrong." Did you read anything I posted? EVEN THE PERSON WHO POSTED DOESN'T KNOW THE DISPOSITION OF THE CHARGES AND MIGHT OPEN A GIGANTIC CAN OF WORMS! This is not a simple Attorney consult over the phone. Perhaps (and I'm trying not to sound harsh) people who work in or are familiar with the legal system should stick with the legal questions; those who are familiar with the funeral business should answer funeral questions! (Find the "next thing you know your {you're} in a cold fridge" to be a little flippant, by the way, coming from a funeral director!)

I can't help but notice that the Canadian YOA (which you originally misquoted) doesn't appear to be working - you posted last week that you've been arrested AGAIN for theft under $5,000!

As far as the "my dear" part addressing Excon - I didn't even know the two of you were dating! Congrats to you both!

Quote:

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Originally Posted by fde

Yes I can!!! But I don't think any good Canadian lawyer will turn the boy away. If he asks (with the YOA is my record destroyed now that I am 18. I was charged with theft under 5000. when I was 17.) I'm not talking any more than a yes or no ANSWER!!!!! Take it from me life is to short to be so uptight my dear.

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Hello again, fde:

Couple things.

In the law, there isn't any such thing as yes or no. If there were, we wouldn't need lawyers or judges. So, no attorney would ever give such a reply.

Additionally, knowing what the law is, and knowing what to do about it, are two entirely different things. Sure, maybe the law says that his records are supposed to be destroyed. Does that mean they were? No, it doesn't mean that at all. Or maybe, as Judy suggested, it's not black and white. In fact, it's grey. Lawyers make their living on all that grey. You miss those nuances entirely.

I'll end our friendly chat with this.

I'm NOT a liar. I hate narcs. I know the law. You don't know the law. You're a narc, and you're a liar.

You have no place on THIS board, and I'm going to do my best to run you out of town.

excon

[QUOTE=excon]Hello again, fde:

Couple things.

In the law, there isn't any such thing as yes or no. If there were, we wouldn't need lawyers or judges. So, no attorney would ever give such a reply.

Additionally, knowing what the law is, and knowing what to do about it, are two entirely different things. Sure, maybe the law says that his records are supposed to be destroyed. Does that mean they were? No, it doesn't mean that at all. Or maybe, as Judy suggested, it's not black and white. In fact, it's grey. Lawyers make their living on all that grey. You miss those nuances entirely.

I'll end our friendly chat with this.

I'm NOT a liar. I hate narcs. I know the law. You don't know the law. You're a narc, and you're a liar.

You have no place on THIS board, and I'm going to do my best to run you out of town.



Just noticed I said you would answer with FLARE (misspelling). I meant FLAIR. However, you did answer with FLARE so I withdraw my intended correction of my misspelling.

(So what about the "honey" stuff?)

I am anewfoundlander not that you know where that is. Being Amarican. My dear, my love is a saying here But I had know idea that it would offend you as it did. Maybe you need to look in side and ask yourself ( do you want to be romanced by excon?

Quote:

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Originally Posted by JudyKayTee

I don't agree with your conclusion that the charges were thrown out - I just looked up the Young Offenders Act - it was repealed in 2003 and replaced with the Youth Criminal Justice Act which is far more comprehensive and detailed. (Interesting the YOA replaced a much earlier Statute and it was far more comprehensive than the earlier Statute!)

I don't quite understand Alphacharlie's explanation of being arrested and fingerprinted, he went to Court, the Court could not locate the charge and then he got a letter saying he had attended Court - I would think there was no final disposition because, for whatever reason, there is no Certificate of Disposition or other finding. In theory - at least in the US - depending on what the letter actually says, he simply made one appearance in Court - there is nothing that says the charges were dropped or disposed of. I have difficulty believing charges of theft and possession of stolen property were simply lost and/or forgotten. Of course, anything is possible!

Keep in mind this happened when he was 17, now he is 18, this is all within one year, the charges could very possibly be pending.

Alphacharlie asks if it is possible he would be "recharged" if he brings the fingerprint/photograph issue to the Court's attention which further leads me to believe there was no final disposition of this matter. If it were over, it would be over.

As a minor, yes, he could petition for the destruction of his fingerprints and photos - but the law appears to read that is only automatic if the person is 17 or under. He is now 18.

Would be interesting to see what an employment records check would turn up.

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Hey sorry for the very late response. Here's exactly what happened.

After I was arrested, I was given the slip telling me that I was charged for theft under 5000 and possession of stolen property and to show up for fingerprinting. I got fingerprinted and after, I went to court. When I went in, they said they had no charges against me in the system, so they told me to go to the police booth and get some document. Afterwards, I went back into the courtroom with the document and I got a paper saying I attended court. I was told to keep the paper in case the police tried to dock me for not showing up. ( I think? Memory was is a bit hazy here)

I haven't been contacted by the police yet and its over a year now since it all happened.