The police can deny the application for a file destruction of prints and police records for charges including assault, theft, fraud, that have been discharged, withdrawn, dismissed, peace bond, diversion or stayed.
In addition to making the original application for a file destruction, Pardons Canada will appeal a denial of file destruction as part of the same service and in many cases will win the appeal.
Here is a recent example of an appeal that was accepted by Toronto police for a file destruction of an assault charge that ended in a peace bond:
We have received notification from the Toronto Police Service stating that they have received and reviewed your correspondence appealing their decision not to destroy your fingerprints, photographs, and record of disposition.
In consideration of your request, the Toronto Police have undertaken a review of the matter and have decided to make recommendation to the RCMP in Ottawa for the destruction of your fingerprints, photographs, and record of disposition held by their service and the RCMP.
Timelines for a destruction to be complete from this point forward is 6-12 months.