An applicant who has had a Vulnerable Sector Check (VSC) completed, may wish to have certain information excluded from the results. (Criminal Convictions can only be excluded if a Pardon has been granted.)
Requests for reconsideration must be made by the applicant in writing within 60 days of the completion of the Police Check and submitted to:
Hamilton Police Service
Records Business Centre
Attention: Records Supervisor
P.O. Box 1060, L.C.D. 1
Hamilton, Ontario, L8N 4C1
Please include any and all information you may deem relevant in order to assist in our deliberations (including your name, birthdate, and the incident # in question), and ensure you include a return mailing address in your correspondence.
Upon reviewing a request, the Hamilton Police Service will take the following criteria into consideration:
- The level of records check
- Date of the incident
- The age of the applicant at the time of the incident
- All information available to the police service that relates to the applicant including Crown notes (where present)
- Details of the incident including:
- Any written information provided by the applicant including supporting documentation;
- Information provided by the officers who had contact with the individual at the time of that incident, if available.
You will be informed in writing of the final decision and will be provided with a general reason for acceptance or denial.
Please note that removal of any information will only be done if there is a substantive reason to support it.
Removal will not be done strictly because disclosure of the contact might affect the applicant’s chances of securing a volunteer or paid position.
Information and records pertaining to non-convictions, or offences investigated with no charges laid, may only be disclosed in a Vulnerable Sector Check (VSC), and then only where the nature of the incident meets eligibility under the Exceptional Disclosure Assessment.
The Police Service will not remove information that it may determine to be relevant simply because the applicant requests it. There is a potential liability to the Police Service if certain information is deliberately excluded, particularly if it was information removed at the applicant’s request because they felt it might be detrimental to their character.
Please note that the Police Service will not release contacts in the following circumstances:
- Allegations where the applicant is listed as a Suspect but was never spoken to by police or was otherwise unaware of an investigation;
- Allegations where the applicant is listed as Suspect or Accused and the matter was concluded as ‘unfounded’;
However, the Police Service may release contacts in the results of a Vulnerable Sector Check (VSC) when the offence meets the criteria under the Exceptional Disclosure Assessment, and where the applicant:
- Was the subject of an investigation, was aware of the allegations and had been spoken to by police, but no charges were laid;
- Was the subject of an investigation where there was sufficient evidence to lay a criminal charge but charges did not proceed at the discretion of either the complainant/victim and/or the police;
- Was charged with an offence but the matter was later withdrawn or dismissed in court;
- Was directly involved in a non-criminal incident such as a dispute or disturbance, either as an instigator or participant;
NOTE: The Hamilton Police Service limits their role in this process to the release of information; it makes no comment, whether direct or implied, on the suitability of any applicant, nor does it discuss or release information to anyone other than the applicant.
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