Can Juvenile Records Be Sealed in Canada?

Juvenile records in Canada, also referred to as youth records, are created when individuals under the age of 18 are charged with a criminal offence under the Youth Criminal Justice Act (YCJA). These records are treated differently from adult criminal records due to the belief that young offenders have a better chance of rehabilitation and reintegration into society. Many young people and their families are concerned about whether juvenile records can be sealed or erased, and how these records might affect future opportunities.

In this detailed guide, we will explore whether juvenile records can be sealed in Canada, the conditions under which records may be closed or expunged, and the potential consequences of having a youth record. We will also provide guidance on how to move forward if you or a loved one is dealing with a juvenile record.

What Is a Juvenile Record in Canada?

A juvenile record (also known as a youth record) is a criminal record created when someone under the age of 18 is charged with and convicted of an offence under the Youth Criminal Justice Act (YCJA). The YCJA governs how young people between the ages of 12 and 17 are treated by the criminal justice system in Canada, with an emphasis on rehabilitation rather than punishment.

A juvenile record includes documentation related to:

• The young person’s charges
• The outcomes of any court appearances
• The verdict (if found guilty)
• Sentencing (if applicable)

It’s important to note that juvenile records are not the same as adult criminal records, and they are subject to different rules regarding access, disclosure, and sealing.

Can Juvenile Records Be Sealed in Canada?

In Canada, juvenile records are not permanently sealed or erased, but they can be closed after a certain period of time, provided the individual meets specific conditions. The process of closing a juvenile record means that it will no longer be accessible to most people, including employers and educational institutions, but certain government agencies may still be able to access the record in limited circumstances.

Juvenile records are typically closed or sealed after a retention period, which is the amount of time that must pass after the completion of the sentence or final disposition of the case. The length of this retention period depends on the type of offence and the outcome of the case.

Retention Periods for Juvenile Records

The retention period is the period of time that a juvenile record remains open and accessible. Once this period is over, the record is automatically closed or sealed, meaning that it is no longer accessible to the public or most organizations. However, there are specific rules for different types of offences:

1. Summary Offences
   • For summary offences (less serious crimes, such as theft under $5,000 or mischief), the retention period is generally 3 years after the completion of the sentence. After this period, the juvenile record is automatically closed, assuming no new offences have been committed.
2. Indictable Offences
   • For indictable offences (more serious crimes, such as aggravated assault or robbery), the retention period is 5 years after the completion of the sentence. Again, if no new offences are committed, the record is closed after the retention period.
3. Hybrid Offences
   • Hybrid offences can be prosecuted as either summary or indictable offences, depending on the circumstances. The retention period for hybrid offences will depend on how the Crown prosecutor decides to proceed. If the offence is treated as a summary offence, the retention period is 3 years; if treated as an indictable offence, it is 5 years.
4. Violent Offences and Serious Crimes
   • For certain serious violent offences, such as murder or sexual assault, the rules are different. In some cases, the youth record may be transferred to adult court, and the individual could receive an adult sentence. If this happens, the juvenile record could become part of the individual’s permanent adult criminal record, and it may never be sealed.

What Happens If You Reoffend During the Retention Period?

If a juvenile commits another offence during the retention period, the clock on the retention period may reset. This means that the retention period for the original juvenile offence will be extended until the sentence for the new offence is completed.

For example, if someone commits a second offence while their juvenile record is still open, the retention period for the first offence will be extended to match the retention period for the new offence.

Are Juvenile Records Automatically Sealed?

Yes, in most cases, juvenile records in Canada are automatically sealed or closed after the retention period ends. This means that individuals do not need to apply to have their record sealed, provided that they have not reoffended and that all conditions of their sentence have been completed.

Once a juvenile record is sealed, it is no longer available to the public, and the individual is generally not required to disclose their youth record to employers, schools, or other institutions. However, there are some exceptions to this rule, which we will discuss below.

Exceptions: When Can a Juvenile Record Be Accessed?

While most juvenile records are sealed after the retention period, there are specific situations in which these records can still be accessed, including:

1. Government Agencies
   • Certain government agencies, such as law enforcement and national security agencies, may still be able to access sealed juvenile records in limited situations, such as for background checks for certain sensitive positions (e.g., law enforcement or security clearance).
2. New Criminal Charges
   • If an individual reoffends as an adult, their sealed juvenile record may be reopened and considered during sentencing for the new offence. For example, a history of juvenile offences may be taken into account when determining an appropriate sentence for an adult conviction.
3. Extradition Requests
   • In rare cases, a juvenile record may be accessed in the context of an extradition request, where the individual is wanted for a crime in another country.

How Juvenile Records Can Affect Your Future

Even though juvenile records are eventually sealed, they can still have a significant impact on your life, particularly while the record remains open. Here are some potential consequences of having an open juvenile record:

1. Employment Opportunities
   • Certain employers, particularly those that require background checks, may refuse to hire individuals with an open juvenile record. Fields like law enforcement, healthcare, and education are particularly strict when it comes to criminal records.
2. Educational Opportunities
   • Colleges and universities may request background checks as part of the admissions process. While many institutions do not automatically deny admission based on a juvenile record, having an open record could complicate your application.
3. Travel Restrictions
   • While juvenile records are not automatically shared with other countries, having a juvenile record may affect your ability to travel to certain countries, particularly the United States, which has strict border security measures.
4. Professional Licensing
   • Some professions, such as law, healthcare, and finance, require background checks as part of the licensing process. Having an open juvenile record may affect your ability to obtain certain professional licenses.

How De Boyrie Law Can Help

At De Boyrie Law, we understand that having a juvenile record can be stressful and concerning for young people and their families. Our experienced legal team is here to help you understand your rights, navigate the legal system, and take the steps necessary to protect your future.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is dealing with a juvenile record, contact De Boyrie Law today to schedule a free, confidential consultation. We will review your case, explain your legal options, and work to ensure your rights are protected.