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How does having a youth record affect me?
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How does having a youth record affect me?
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Criminal Law - Youth criminal justice
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Justice for Children and Youth
Department of Justice
Royal Canadian Mounted Police
Ontario Ministry of the Solicitor General
Public Prosecution Service of Canada
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How does having a youth record affect me?
Reviewed:
December 9, 2020
Answer
Your official youth records are kept by the police, courts, and government agencies. They are private and confidential.
No one is allowed to share the information in your youth records. They can't even say they have youth records about you.
The law also says that you are not allowed to share the information in your own youth records. You are not supposed to tell people that you have a youth record.
Even though your records are private, they can still seriously affect your life, especially when you're looking for work or travelling. But a youth record will not affect your application for post-secondary education.
1. Understand what's in your youth records
Youth records are electronic or paper documents. They contain information about things that happened between you and the police, or between you and the court.
Youth records include more than just criminal charges
Your youth records include everything that has happened between you and the police. This is true even if you weren't charged or arrested. For example, if the police warned you about shoplifting, they may have a youth record about that even if they didn't charge you.
The police will definitely have information about you in a youth record if you:
- were investigated for a crime, even if you don’t know about the investigation
- were stopped or "carded" by police
- were arrested or charged with a crime, or
- participated in extra judicial measures (EJM), extra judicial sanctions (EJS), or informal diversion, such as a community program or volunteer work
Youth records versus criminal records
In youth criminal court you do not get "convicted" and you don’t get a "criminal record" like in adult court. Only adults get criminal convictions or criminal records. But in youth court, you can be "found guilty" and get a "youth court record". The words are different on purpose.
Even if you're found guilty as a young person, you won’t get a criminal conviction or a criminal record. Instead, you will have a finding of guilt and get a youth record.
Your youth records aren't sealed or erased just because you turn 18.
If you were found guilty as a young person, you may still have an open youth record. If you have an open youth record, and then are convicted of a new crime as an adult, your open youth records will change. Any findings of guilt you had as a youth that are still on your open youth records will be changed into convictions on your adult criminal record. But if your youth records are sealed, then they will not be changed into adult convictions.
What happens if you get an adult sentence
In very rare situations, a judge can give a young person an adult sentence. If you get an adult sentence as a young person, the finding of guilt counts as a criminal conviction. That means you will have a criminal record.
Reviewed:
December 2020
2. Learn who can see your youth records
Your youth records are private and confidential. Only specific people in specific situations are allowed to access your youth records.
Who can see your open youth records
The Youth Criminal Justice Act (YCJA) is the law that protects the privacy of youth records. It has a list of people who can see or access your youth record. They can only access your youth record if it's open. To find out if your youth record is open, see Step 3.
These people are allowed to access your open youth records:
- you and your lawyer
- the Crown
- the victim, for example if they want to see information such as an apology letter
- your parents or another adult who is helping you in the place of a lawyer, but this is rare
- the police or a judge, for example if they need information to make a decision, such as how to deal with new charges
- some people working in the court system
- some people with specific job roles in the government
- people who manage your sentence if you're found guilty, such as a probation officer
These people aren't allowed to share the information in your youth records with anyone else, including potential employers or school officials. If they do, they could be charged with an offence under the YCJA.
People who are not on this list must get permission from a youth court judge if they want to access your youth records. The judge must say "no" unless there is a good reason. For example, if someone needs your records to prove that they aren't guilty of a crime, the judge would have a good reason to say "yes".
Sealing or erasing youth records
After a specific amount of time, your youth records must be sealed or erased. When a record is sealed, it's closed forever and no one is allowed to access it except you or your lawyer. No one else can see the record unless they get a special order from a youth court judge that says it's okay.
Reviewed:
December 2020
3. Find out if your youth record is still open
Your youth records will not be sealed or erased just because you turn 18.
The length of time your youth record is open is called the "access period". The access period for your youth records depends on the:
- type of record
- type of crime
- outcome of your case
Access periods
|
Case outcome |
Access period |
|---|---|
|
Charges withdrawn |
2 months from the date the charge is withdrawn |
|
Not guilty - no appeal |
2 months after the deadline for appeal has passed |
|
Not guilty - appeal |
3 months after the appeal is completed |
|
Reprimand |
2 months from the day you were found guilty |
|
Peace bond |
6 months from the end of the recognizance |
|
Charges stayed |
1 year from the day your charges were stayed |
|
Absolute discharge |
1 year from the day you were found guilty |
|
Extrajudicial sanctions (EJS) |
2 years from when you agreed to EJS |
|
Conditional discharge |
3 years from the day you were found guilty |
|
Guilty - summary offence |
3 years from the end of your sentence |
|
Guilty - indictable offence |
5 years from the end of your sentence |
The access period may become longer if you're found guilty of another offence as a young person. If this happens, the access period could stay the same, or be extended by 3 or 5 years.
Erasing or sealing records
At the end of the access period, youth records kept by the Royal Canadian Mounted Police (RCMP) must be erased. This includes any records that show you were found guilty of a crime.
All other youth records, such as court records or police notes, must be erased or sealed. When a record is sealed, it's closed forever. It can only be accessed by you or your lawyer. No one else can see the record unless they get a special order from a judge that says it's okay.
Photos, fingerprints, and DNA records
Records about your photos, fingerprints, or DNA may be open for longer than your other records. This depends on if you were charged with an indictable offence or summary offence.
An indictable offence is a more serious offence. A summary offence is a less serious offence. If you don't know whether you were charged with an indictable offence or a summary offence, ask your lawyer or the court that handled your case.
If you were charged with an indictable offence, the RCMP can keep your fingerprints and photos for an extra 5 years after the access period is closed. There is no extra time for summary offences.
If you're found guilty of a serious violent offence, in very rare cases the judge could decide to give you an adult sentence. If this happens, the RCMP can keep your fingerprints, photos, and DNA records forever. Examples of serious violent offences include murder, manslaughter, and aggravated sexual assault.
Reviewed:
December 2020
4. Check that your records are sealed
Sometimes records aren't erased or sealed as soon as they should be. To find out if your records have been erased or sealed, ask the police for a criminal background check. If your records have been erased or sealed, they should not show up on a criminal background check.
Getting a background check
To get a criminal background check, go to your local police or to the Royal Canadian Mounted Police (RCMP). You might even be able to do this online. Even though a youth record is not a criminal record, police services sometimes call criminal background checks “criminal record checks”. You will have to fill out a form and pay a fee.
Youth records and adult records must always be kept separately. If the police find a youth record during your background check, they must create 2 separate reports:
- A background check report that shows only the youth records. They can only give this report to you. You should not show this report to anyone except a lawyer.
- A background check report that shows any other records, and doesn't mention the youth records. This report can be shared with an employer if you've given permission.
If your youth record is erased or sealed, you should get a "clear" background check.
If your youth record should have been erased or sealed, but it's still showing up on your background check, ask the police to erase or seal the record. If the police don't agree, you can get help from a youth justice lawyer.
Ask for a record suppression
If your access period is still open, the background check will show your youth records. But you can ask the police to suppress the record. Suppressing a record means that it is sealed before the end of the access period so that it won't show up on a background check.
It's up to the police to decide whether they will suppress your youth record. They might do this if they think your youth record unfairly impacts your attempts to find a job. A youth justice lawyer may be able to help you with this process.
Reviewed:
December 2020
5. Understand how youth records can affect travel
A youth record can't stop you from travelling within Canada, but it can stop you from travelling to another country. Some countries will not let you enter if you have a youth record. For example, travelling to the United States might be an issue.
The Youth Criminal Justice Act (YCJA) does not allow the disclosure or sharing of youth records to any non-Canadian agencies. However, the Canadian government cannot stop foreign officials or border security from asking you questions about your youth record.
If you try to enter another country while your youth record is open, you should not lie to the border officials if they ask you about your youth record. If you lie about your youth record and the border officials find out, they may stop you from entering. They may also stop you from entering that country in the future.
Once another country finds out about your youth record, the other country may keep that information forever. Unlike in Canada, other countries are not required to seal or destroy your youth records after a certain period of time.
There may be things you can do before your trip if your youth record is still open. For example, you may be able to get a special permit or waiver to enter another country. But you have to apply ahead of time for this and may have to pay a fee. You may need to speak to an immigration lawyer for advice.
Reviewed:
December 2020