NSW Section 32 Dismissal - Have Your Fingerprints Destroyed Under Criminal Law?

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The J Man

Member
13 December 2016
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If NSW police are unsuccessful in obtaining a conviction due to the magistrate granting a section 32 dismissal, can you have your finger prints destroyed under criminal law?
 

Hamish Blake

Member
15 December 2016
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As long as you are over the age of 18 at the time the material is gathered, you have no automatic right to have identification material destroyed. However, you can make an application to authorities, and request that your material be destroyed.

Whether or not your records will be destroyed is at the discretion of the Criminal Records Unit of the NSW Police. There are certain circumstances that can form the basis of your application to have your photograph and fingerprint records destroyed, and these include:
  • If you were acquitted or had your conviction quashed on an appeal.
  • You were discharged without conviction more than 15 years ago, and have had no other convictions in the meantime.
  • The charges were dismissed or withdrawn.
  • You were a juvenile at the time.
  • The conviction was very old and/or very minor.