About Data Access Request For Criminal Conviction Data
A. Eligibility and submission of application
|Q.6||I am / was a permanent resident in Hong Kong and Immigration Department shall have my fingerprint records or I have applied for CCD before. Do I still need to submit my fingerprints?|
Yes. Applicants may be required to submit a full set of their fingerprints for the application if necessary.
|Q.7||I need to take a set of my fingerprints for overseas conviction record check. Do you provide fingerprinting service?|
Yes. During office hours, our office provides fingerprinting services to the public for free. No appointment is required.To ensure proper use of this service, please bring along any document issued from the overseas authority which bears your full name and reasons for fingerprints submission or your passport showing the period of your stay in that relevant country or a standard fingerprint form from the relevant Authority.
|How can I pay for the application fee? Will I get a payment receipt?|
Payment by cash*, Octopus cards or EPS are accepted. Add-value service for Octopus cards is not available at this office. A payment receipt will be given to you immediately upon receipt of application fee.
* Police Shroff dealing with payment by cash closes between 1:00 pm and 2:00 pm and at 5:00 pm
D.Processing time and release of result
Reasons To Obtain A Record Suspension
Although your criminal past may be behind you and you havent yet encountered any negative consequences of having a criminal record, its still recommended that you try to obtain a . A few reasons include:
- Prevent future obstacles to employment
- Ability to perform volunteer work
- Ability to travel abroad freely
- Help with child custody or adoption
- Facilitate getting bonded
Making A Freedom Of Information Request About The Criminal Justice System
The Freedom of Information Act gives you the right to request information about the criminal justice system held by public authorities, including UK police forces and prisons. You might not be supplied with the information you requested if it is exempt under the Freedom of Information Act. You can find out how to make a request here.
Police forces, prisons and other criminal justice organisations have already published some information under the Freedom of Information Act either in the normal course of business or in response to specific requests. Before making a request, check the appropriate website to see if they have already published the information you require. You can find police force websites by using the UK Police Service website. This provides links to all geographic and non-geographic police forces in the UK.
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National Police Certificate Security Features
Certificates issued by Victoria Police are printed on secure paper. The paper features:
- a watermark of a padlock with two keys which is visible when held up to the light
- fluorescent tricolour threads on both sides of the document glow blue, yellow and red when held under ultra violet light
- a border printed in MicroType which can be read when viewed under magnification located on the right of the police service logos on the front of the document
- images on the front that are printed in heat sensitive ink and when moderate heat or friction is applied they will fade or disappear momentarily
- images printed in fluorescent ink that will glow yellow when viewed under ultraviolet light
- screened background printed in solvent reaction ink
Organisations should request to view the original certificate to ensure its authenticity.
Certificate Of Conduct And Non
Please note: Due to the COVID-19 pandemic and the need to limit the number of people gathered in one place, ALL fingerprinting services will now require an appointment. Walk-ins WILL NOT be accepted.
Only individuals with appointments may visit the office. Appointments can be scheduled by clicking on the following link then click services and follow the instructions Please review all information listed below carefully to ensure that you have the correct documents to schedule an appointment. Once scheduled, please arrive on time. If not, your appointment will be rescheduled based on availability. Bring all required documents and payment to the appointment.
All applicants will be fingerprinted and/or photographed to obtain Certificates of Conduct or Non-Criminal Fingerprint Cards.In order to decrease the spread of illnesses, face masks must be worn inside of the building. Applicants will be required to take a temperature reading upon entering the building. To allow for social distancing, do not bring additional people to your appointment. Translation services will be provided, if necessary. When planning your travel time, include extra time to pass through two security checks.
All Certificates of Conduct will be mailed via United States Postal Service after the completion of processing. Processing and mailing should occur within ten business days.
Certificate of Conduct and Non-Criminal Fingerprint Section
Location and Contact Information
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Applicants Living Outside California/united States Must Submit Manual Fingerprint Cards
Print out the Application to Obtain copy of State Summary Criminal History Record and follow the instructions on the form. A Spanish version of this form is also available . Please contact your local law enforcement agency for fingerprinting services. PLEASE NOTE: Your fingerprint card must contain your full name, date of birth, sex and return mailing address. If you are having difficulty in obtaining a blank fingerprint card, please contact the Record Review Unit at 227-3849.
Manual submissions must be accompanied by either personal check drawn on a U.S. bank, money order or certified check. The check or money order must be made payable to the California Department of Justice. Mail your application, fingerprint card and processing fee to:
California Department of JusticeBureau of Criminal Identification and AnalysisRecord Review & Challenge SectionPO BOX 160207Sacramento, CA 95816-0207
Once you have received your Record Review response, if you want to challenge the contents of your criminal record, you must complete the “Claim of Alleged Inaccuracy or Incompleteness” , which will be included with your Record Review response if there is criminal information on your record. Mail the completed form, along with a copy of your criminal history record, to the address indicated on the form. Your challenge must specifically state the basis for the claim of inaccuracy or incompleteness and include any available proof or corroboration to substantiate your claim.
Will My Interstate Convictions Appear On My Certificate
Victoria Police conducts national police record checks. If information is obtained from other police jurisdictions, the relevant legislation/policy is applied by that jurisdiction before it is released. In relation to legislation/policy applied by states or territories other than Victoria, please refer to the relevant police jurisdictions website for more information.
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What Are Acceptable Types Of Identification
Applicants must supply a minimum of two types of acceptable identification from the list below with a minimum total of 100 points. Identification documents must include a photo ID, the applicant’s current residential address, signature and date of birth. Further information can be found on the application form.
Driver licence/Learner’s permit/Boat licence – 40Firearms/Private security licence – 40Current tertiary student identification card – 40WWC Check card/Key pass/Proof of age card – 40Certified current passport size photo – 40
Birth certificate – 70Birth card – 70Australian travel documents or current Australian Visa – 70Department of Veterans Affairs card – 40Centrelink card – 40Government employee ID – 40
How Do I Check For Outstanding Local Warrants
Anyone can check for an outstanding local warrant using the following steps:
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When Does The Right Of Access Not Apply
Schedule 2, Part 2, Paragraph 14 of the Data Protection Act 2018 states that:
The listed GDPR provisions do not apply to personal data processed by an individual acting in a judicial capacity or a court or tribunal acting in its judicial capacity.
This means that, for example, a judge’s handwritten notes prepared for legal proceedings are exempt from disclosure under the right of access.
You cannot request personal data that forms part of a judicial decision or in documents relating to an investigation or proceedings which have been created by or on behalf of a court of other judicial authority. This is because there are other access routes through which you can obtain this information the Criminal Procedure Rules – which govern the disclosure of material for cases going through the court process.
The law also allows the police to withhold information in some circumstances. For instance, they can restrict your right to access if this is necessary for the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties.
In addition, the police may also have to edit the information they send you to remove information about other people.
Does Not Impact On Other Screening Practices
The proposed legislative framework is specific to police record checks.
Police record checks are just one tool that organizations may rely on to screen prospective employees or volunteers.
The legislation, if passed, would not impact or hinder other screening practices, such as personal reference checks, credit checks, performance reviews, client feedback or other assessments.
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What Is A Police Certificate
A police certificate is a statement that you dont have a criminal record or, if you have one, a copy of your criminal record. They help us confirm if there are any reasons you may be inadmissible to Canada.
Police certificates are different in each country and territory. They may be called:
- police clearance certificates
- judicial record extracts or
- other names
If your certificate is in a language other than English or French, send the police certificate along with a translation from a certified translator.
Checks By Interstate Police/acic Accredited Bodies
If you submitted an application via an interstate police jurisdiction you need to lodge your dispute with them according to their dispute process. Please make direct contact with the specific police jurisdiction.
If your check was conducted by an Australian Criminal Intelligence Commission Accredited body you must raise your dispute with them. The accredited body will arrange for you to complete an NPCS Dispute form which they will lodge on your behalf.
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The Court Told Me That A Particular Matter Would Not Be Recorded Against My Name After 12 Months Why Was This Released
Victoria Police releases all court outcomes with a finding of guilt. Good Behaviour Bonds and Community Based Orders are findings of guilt and releasable under the Victoria Police Information Release Policy. Although the bond expires after the period stated, the finding of guilt remains. Victoria Police does not delete criminal history information. Criminal history information continues to be available for the purposes of law enforcement and the administration of justice.
Obtaining A Police Information Check
Visit a Calgary Police Service location and remember to bring:
Two valid pieces of government issued identification
For status of your police check please refer to the following website for current processing date. Once application is processed please allow an additional 2-3 business days for mail delivery, to receive, unless further follow-up is required of you to which you will be notified. You may also refer to this website to learn more about our online Police Information check process. The Police Information Check will not disclose to a third party any specific information will be disclosed to the applicant only.
If you have previously resided in Calgary and now reside elsewhere in Alberta, in another Province or Out of Country and require a Calgary Police Service Police Information Check, please see Police information checks for people outside Calgary.
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Criminal History Information Dispute Process
If you dispute some or all of the criminal history information resulting from your police check you must follow the guidelines to commence official dispute proceedings.
Firstly you need to determine who conducted the check on your behalf. This could be Victoria Police, an interstate police jurisdiction where Victorian criminal history was released, or a private company authorised to conduct checks .
Requesting A Police Record Check
When requesting a record check from an individual for reasons such as employment or licensing, the organization is responsible to ensure the screening process is consistent with the Ontario Human Rights Code.
Record checks can be used when hiring someone to work or volunteer in positions of trust over vulnerable people who, because of their age, disability or other circumstances, are at greater risk.
Request A Criminal Record
Again, requesting a person’s criminal record can get tricky, depending on who’s requesting it and why.
Of course, you can request your own criminal record with no problem however, other agencies might have to get your permission or prove their legal rights.
Setting aside all the cautions mentioned above, you may be able to request criminal records through one of the following:
- Your county’s courthouse or sheriff’s department.
- Typically, you’ll be able to access only crimes committed within that county.
What Disclosures Are Included
- Criminal Records – Adult and Youth
- Pending and outstanding charges
- Outstanding warrants for arrest Canada-wide
- Police Files/Information Reports: Relevant occurrences this may include any interactions an individual has had with police as being disclosed, including mental health occurrences, if they are deemed to be relevant. A relevant occurrence may not have resulted in charges being laid, but will be disclosed if relevant or there is a potential risk to public safety
- Records of not criminally responsible by reasons of Mental Disorder pursuant to s.16 cc
- Judicial Orders while in effect: probations, prohibitions, peace bonds and recognizance conditions
- Vulnerable Sector Records
- Absolute Discharge for one year period
- Stay of Proceedings for one year period
- Conditional Discharge for three year period
- Alternative Measures for one year period
How Do I Find Police Records
If you want to find police records quickly and easily, the fastest way to do so is to do a search on SpyFly. You can have access to some of the largest databases in the country that are filled with public information. Other ways that you could find police records are to:
- File a request with the local police department
- File a request with your county recorders office
- File a request with the state department that you live in
Sometimes you can get access to records within a couple of months, and sometimes it can take years, depending on where you are searching for them.
Who Will Receive The National Police Certificate
To ensure the protection of privacy and application of natural justice principles the National Police Certificates will be forwarded to the applicant at their nominated postal address on the application form. There is no option for the applicant to have the certificate forwarded to a prospective employer.
It is not recommended that copies be made unless the person or organisation can assure the applicant that it will be kept confidential, securely stored or disposed of appropriately. The original certificate must be sighted by the organisation/employer and may be photocopied and/or retained with the consent of the applicant.
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Can I Have My Victorian Criminal History Spent Or Rehabilitated
No. In some states there is legislation in place to have criminal history spent or rehabilitated so it is not released for employment purposes. Victoria does not have this type of legislation.The release policy is applied automatically when convictions reach the appropriate age. In most cases, criminal history will not be released after 10 years if the last finding of guilt was heard in an adult court or 5 years if it was heard in a childrens court. An exception to this is that if a single charge received a sentence of imprisonment of longer than 30 months, in which case that charge only will be released.In all states, criminal history information will continue to be available for the purposes of law enforcement and the administration of justice.
Apply For A National Police Check
Victoria Police provides a service to all Victorians who wish to obtain a National Police Certificate for employment, voluntary work and occupation-related licensing or registration purposes. Information about an individual’s criminal history will not be released without an applicant’s written consent other than for law enforcement purposes.
- Please complete the Consent to Check and Release National Police Application Form below and print.
- Sign and date the application form in the presence of the same person certifying your proof of identity documents .
- Have the certifier sign and date each copy of your proof of identity documents .
- Pay online or attach a cheque or money order with the required fee.
- Attach all the paperwork including payment and mail to the address listed on the application form.
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