I live in the province of Ontario in Canada. I was charged with a minor offence but I was offered into a diversion program and the charges got withdrawn. I requested my fingerprints be destroyed and about a year and half later, I got a letter confirming everything has been destroyed except for the "arrest record". I want to know how common it is for the Police to keep your fingerprints/photos in the system, even though they claim to have destroyed it? Even if they do have your prints, could it still be used AGAINST you in court of law?

Not sure of Canada... but once they have them here in the USA, they remain in the computer system. I can't see how they can be used against you unless they turn up at a crime scene in the future. Or if heaven forbid your corpse turns up with no id... it can identify you.

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Originally Posted by smoothy

I can't see how they can be used against you unless they turn up at a crime scene in the future.

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So if I touched a door from a crime scene, they can LEGALLY use that as a reason to detain/arrest me? (even though they claimed to have my fingerprints destroyed)?

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Originally Posted by JasonRay

So if I touched a door from a crime scene, they can LEGALLY use that as a reason to detain/arrest me? (even though they claimed to have my fingerprints destroyed)?

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Question maybe... they won't detain without sufficient other evidence. What are the odds they ever will anyhow? If they turn up... there is a flag and your name comes up as at least having been there at some point.

Unless of course... they turn up on the neck of a strangled corpse... then you have some real problems. I'm guessing you won't have to worry about that happening. Finger prints aren't considered private. Because you leave them on everything you touch.

Mine have been on file for almost 30 years from applications that required them (Civilian Marksmanship program). I've never been called in or questioned yet. I don't think you have anything to worry about unless you are actually doing something to worry about.

The RCMP keep one of several fingerprint systems in Canada, in fact since 2004 Canada has been converting to the AFIS automated system. Where they merely scan the hand and fingers, no "ink" so there are really no paper files you are merely a electronic data in a system

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Originally Posted by smoothy

Question maybe.....they won't detain without sufficient other evidence. What are the odds they ever will anyhow? If they turn up...there is a flag and your name comes up as at least having been there at some point.

Unless of course....they turn up on the neck of a strangled corpse....then you have some real problems. I'm guessing you won't have to worry about that happening. Finger prints aren't considered private. Because you leave them on everything you touch.

Mine have been on file for almost 30 years from applications that required them. I've never been called in or questioned yet. I don't think you have anything to worry about unless you are actually doing something to worry about.

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See, I'm trying to differentiate me and a person who has never been fingerprinted. If the police found fingerprints of a strangled corpse, but the fingerprint isn't on the record, THEY CAN'T DO MUCH. But what if the fingerprint was once on the system, but then got "destroyed". Could they still LEGALLY detain/arrest you? And I'm not asking this because I'm trying to commit a crime, as a better option would be to just wear a glove than having to worry about this.

If they find and use fingerprints that were not suppose to exist ( but then if they were shared with a National Security Agency as most are now, they are not always bound by the laws of the province unless there is a national law ordering those to be destroyed.

In the US for example, there are similar laws in some US states, but the FBI and the Dept of Homeland Security do not have to destroy their records since the state law does not apply to them, and use of those records would not violate any law. ( catch 22 to get around local laws)

But if they were not allowed to be used, they can be used to narrow the case to investigate you, then they merely need to find other evidence that if found without fingerprints would lead them to getting your prints latter, and then even prints could be used normally.

So yes, if you murder someone, use gloves because they have your prints

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Originally Posted by JasonRay

See, I'm trying to differentiate me and a a person who has never been fingerprinted. If the police found fingerprints of a strangled corpse, but the fingerprint isn't on the record, THEY CAN'T DO MUCH. But what if the fingerprint was once on the system, but then got "destroyed". Could they still LEGALLY detain/arrest you? And I'm not asking this because I'm trying to commit a crime, as a better option would be to just wear a glove than having to worry about this.

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Unless you intend to follow a life of crime. I can honestly say you have absolutely nothing to be worried about. As Fr_Chuck has said... it only helps them narrow an investigation down. A print on a door knob only indicates you were there... it doesn't prove WHEN you was there... there is always a lot of other evidence they will need before they put you in the electric chair.

Odds are your prints will never be lifted off the neck of a corpse, or be lifted at a crime scene. I think you are worrying about something you shouldn't be worrying about. TV shows like CSI stretch reality to the breaking point... and beyond.

That makes sense. They can just find some other evidence, or even make one up, just to arrest you and get your fingerprints then use that legally to prosecute.

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Originally Posted by JasonRay

Even if they do have your prints, could it still be used AGAINST you in court of law?

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Hello Jason:

The cops will NEVER throw away your prints.. If they find them at a crime scene in the future, you betcha they'll use 'em to catch you... I don't know if they'll be needed in court, though.

excon

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Originally Posted by JasonRay

That makes sense. They can just find some other evidence, or even make one up, just to arrest you and get your fingerprints then use that legally to prosecute.

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They don't even need to do that to get your prints... they can get it off your car, front door, off a water bottle in the trash.

There are so many things in life you really need to worry about... you shouldn't be stressing over something like this because its really nothing to worry about.

You are in Canada, not Syria or Iran.

I don't know what you are stressing about. There are many ways a person's fingerprints go on record. If your prints show up at a crime scene there they will be used to identify you. However, your prints alone will generally not be enough to convict you. The police would have to prepare a much more complete case to present to a prosecutor.

If you don't commit a crime then why would this concern you?

Also even if the "print" is lost, finger prints are classified by a number system, that referes to the loops and swear combinations. While not allowed for a positive match, without an actual print, your unique ID number determined by your print is good also