Regarding the destruction of identifiable information, such as fingerprints and photos, specific guidelines apply for various convictions and charges. For instance, evidence taken as part of a Commonwealth offence must be destroyed in the event that 12 months or more has passed since the evidence was gathered, and proceedings were discontinued or never instituted against the person. For individuals between 10 and 17 who have been charged with a Commonwealth offence, identification evidence must be destroyed 12 months after it was taken if proceedings haven’t commenced, if the offence is proven but no conviction is recorded, or if the person is acquitted. In addition, for young people who come into contact with the Children’s Court in NSW, photographs and fingerprints must be destroyed if they are found not guilty, or if the charges are dismissed.
