Guide to Applying for No-Disclosure of Computerized Criminal Records

Understanding the Application for No-Disclosure of Computerized Records in Criminal Matters in Québec

If you have been involved in a criminal case in Québec and wish to restrict public access to certain information contained in computerized records maintained by the Ministère de la Justice, you may need to complete the Application for No-Disclosure of Information Contained in Computerized Records in Criminal Matters. This official form, designated as Form SJ-788A, is a procedural tool designed to help individuals seek to limit the visibility of records related to specific criminal proceedings, without making the actual judicial files inaccessible.

Who Should Use This Form and When?

This application is intended for persons who have been involved in criminal proceedings and meet specific legal criteria, such as:

• Receiving a verdict of acquittal following a trial with a stay of proceedings ordered by the tribunal.
• Having charges dismissed, cancelled, or withdrawn, including cases where charges are withdrawn after completing alternative justice programs or mental health dispositions.
• Being sentenced to an absolute or conditional discharge after conviction or guilty plea.
• Being declared not criminally responsible due to mental disorder, with subsequent discharge or conditional discharge.
• Entering into a recognizance to keep the peace under section 810 of the Criminal Code.

Before submitting your application, ensure the applicable time limits have expired, as indicated on the form. This waiting period varies depending on the outcome of your case, ranging from one to three years after specific legal dispositions.

How to Complete the Form

The form SJ-788A can be completed either digitally or by hand:

• Digital PDF: Fill out the form electronically, then print it on standard letter-sized paper (8.5 x 11 inches).
• Handwritten: Write legibly in block letters using black or blue ink.

When filling out the form, provide accurate information, including:

• Your full name, date of birth, and contact details (phone number, address, postal code).
• Details of the case, such as district, locality, file number, police force, and occurrence number.
• Dates of the relevant legal dispositions, including judgments, dismissals, or discharges.

Supporting Documents and Submission

There are no specific documents required to accompany this application beyond the completed form. However, keep a copy for your records. The application process is free of charge.

Once completed, you should submit the form to the appropriate court clerk's office in the district where your case was processed. It is advisable to consult the website of the Ministère de la Justice for contact information and further procedural guidance.

Important Considerations and Common Mistakes

Before submitting your application, double-check that:

• The applicable time limits have passed since the legal disposition.
• All required information is filled out accurately and legibly.
• You have selected the correct reason for your application based on your case outcome.

Common errors include submitting incomplete forms, providing incorrect case details, or applying before the expiry of the prescribed waiting period. These mistakes can delay the processing of your request or lead to rejection.

Next Steps and Follow-Up

After submitting your application, the court clerk will review the form and, if all conditions are met, will make the computerized records irretrievable. You will receive confirmation once the process is complete.

Remember, this application only affects the accessibility of computerized registers maintained by the Ministère de la Justice; the judicial files themselves remain public and accessible through other means.

For additional information, contact details, or to verify procedural steps, consult the official website of the Ministère de la Justice of Québec.