What is a Youth Criminal Record?
According to the Youth Criminal Justice Act (YCJA), there is a law that dictates the guidelines for the youth justice system in Canada. The YCJA is applicable for people who are between the age group of 12 to 18, i.e., the person must be older than 12 years old but less than 18 years old and have committed a criminal offence. Once a person is convicted of a crime, a record is opened under his/her name that states the nature of the offence and a detailed profile of the person – in other words, a youth record.
A youth record is a document that connects youth to a case that falls under the youth justice system. It may consist of police records, court files, government files or records from social service agencies. All this information may be required to understand and evaluate an individual’s involvement with the youth criminal justice system.
Understanding Youth Criminal Records
As a youth, if you’re charged with a criminal offence, it is not necessary to ask for pardon, but you will still hold a criminal record that will remain valid for a certain period of time. The process of recording is the same for both youth and adults. It consists of fingerprints, photographs, court records, and an entry in the CPIC.
It is important to know that if you’re subsequently convicted for a criminal offence as an adult, then your youth criminal record will also be attached permanently with your adult criminal records. In order to remove the youth record, you need to ask and apply for a pardon, which happens to be a complicated process. This is where you need to understand the youth criminal record in detail.
How Long Does a Youth Criminal Record Last?
Two years is the average timeline for which a youth criminal record remains valid. However, with the inclusion of certain situations, it can get reduced or extended. The records can be accessed by the RCMP, Police, Court, etc. depending on some parameters explained below:
- If the person is dealt with under the extrajudicial sanction, then the accessibility will end in 2 years after the person has been subject to the sanction. In case you need to know what an extrajudicial sanction is – it is a measure taken by the police to stop the young offender from being sent to court.
- If the person cannot be convicted of a crime because of mental illness or disorder, etc., then the record should be sealed within three months. During these 3 months, the crown is permitted to appeal the decision, which, if made after 3 months, shall be deemed inapplicable.
- If the charges against the convicted person are dropped, then the charges should be dropped within 2 months after the charges have been issued.
- If the charges against the convicted person are stayed, and if no proceedings are being taken on him/her, then the record shall be sealed within 1 year only.
- If the person is found guilty of the offence and if he/she received a sentence on absolute discharge, then the record should be closed within 1 year.
- If the person is found guilty of the offence and if he/she received a sentence on conditional discharge, then the record should be closed within 3 years.
- If the convict is found guilty of an indictable offence such as – murder, rape, threatening or endangering life, then the record should be sealed after 5 years following the completion of the sentence.
- If the convict is subsequently involved in a series of offence before the probation time for a particular charge has been completed, then the same timeline of 3 and 5 years shall be applicable. In such cases, the record will only be sealed after the probation time for all the charges is individually completed without any further charges added to the list. It is to be noted that the charge for each offence is judged differently, and hence, there is a possibility that the probation time for the second offence might be completed before the first one.
How are Youth Criminal Records Sealed or Destroyed?
As opposed to popular belief, most criminal records are ordered to be automatically destroyed after the convicted person becomes 18 years old. The sealing or destruction process is a part of the YCJA which states that once the non-disclosure period is over, the individuals, agencies, or government offices need to destroy all physical and digital forms of record on the individual.
The physical form of information must be sealed, shredded or burnt so as to remove any trace with the case. In the case of the digital form of the same information, the records must be deleted, over-written, or made inaccessible.
Who Can See My Youth Justice Court Record?
The YCJA has a certain restriction on who can see and use a youth record and under what circumstances. The people that may access your youth record files are:
- The Convict
- The Victim
- A Lawyer
- A Police Officer
- A Crown Prosecutor
- A Judge
- The Convict’s Parents
- The Convict’s Lawyer
- The Attorney General of the Province
- The School Supervisor of the Convicted Youth
- The Director of the Jail
Can a Youth Criminal Record Stop Me from Getting a Job?
It is not obligatory for an organization to hire a person after checking on his/her criminal background as it is not a condition of employment. However, it is up to the employer if he/she chooses not to hire you after reviewing your criminal record.
In fact, if an individual goes through the probation time with no other offences, then there is nothing to worry about regarding job applications.
Can a Youth Criminal Record Stop Me from Leaving Canada?
Being convicted of a crime certainly impacts when you’re going through immigration in a country like Canada. Even though other countries are not bound by Canadian Law, Canadian Immigration always maintains a strict record in this area. Also, if there is a need to travel, then it’s best to speak with a criminal defence lawyer or youth’s lawyer before travelling to another country.
Final Words
Having a youth criminal record is surely a spot on your perfect citizenship record. But in Canada, the Youth Justice System is quite liberal about judging a youth convict and thus giving the person enough chance to change before he/she turns into an adult. On the downside, if you’re involved in a series of crimes, it may lead to a serious case that may never be dismissed or removed from your records.
So, if you are involved with a youth criminal record, it is important to consult a lawyer and receive the best advice on how to act so that the records do not hamper your future endeavors.
