Youth Criminal Records: Frequently Asked Questions

A youth criminal record can have significant consequences for a young person’s future, affecting education, employment, travel, and other opportunities. Many parents and young individuals are unaware of how youth records work in Canada, whether they are permanent, and how they can be sealed or removed. Understanding the laws surrounding youth criminal records is crucial for making informed decisions and protecting a young person’s future.

A youth criminal record is created when a young person, under the age of 18, is charged and convicted of a crime under the Youth Criminal Justice Act (YCJA). Unlike adult criminal records, youth records are treated differently, with a focus on rehabilitation and reintegration rather than punishment. However, these records are not automatically erased and can still have consequences if not properly managed.

How Youth Criminal Records Are Created

A youth criminal record is generated when a minor is convicted of a criminal offence, whether through a guilty plea, a trial conviction, or participation in certain extrajudicial sanctions programs. These records contain details of the offence, sentencing, and any conditions imposed on the young person. The Royal Canadian Mounted Police (RCMP) and local law enforcement agencies maintain these records, which can be accessed by authorized parties under specific conditions.

Even if a young person is not formally convicted, certain law enforcement records, such as police interactions, can still exist. These may not be considered official criminal records but can still impact future legal matters.

Do Youth Criminal Records Stay Permanent?

The YCJA provides protections for young offenders by allowing for the eventual sealing of youth criminal records. However, this does not happen immediately after sentencing. Instead, a youth record remains accessible for a specific period known as the access period. The length of this period depends on the type of offence and whether additional crimes are committed.

Summary Offences – If the young person is convicted of a summary offence (a less serious offence), the record remains accessible for three years after the completion of the sentence. If no further crimes are committed during this time, the record is sealed and becomes inaccessible to most parties.

Indictable Offences – For indictable offences (more serious crimes), the access period is five years after the sentence is completed. If the young person commits another offence within this period, the record remains open and can merge with an adult criminal record.

Extrajudicial Sanctions – If a youth completes an extrajudicial sanctions program (such as community service or counselling) instead of being convicted, the record remains accessible for two years after the program is completed. If no additional crimes are committed, the record is sealed.

Once the access period expires, the record is removed from active law enforcement databases, meaning that background checks will not reveal it in most cases. However, if the young person commits further offences, the record could remain accessible indefinitely, particularly if merged with an adult criminal record.

Who Can See a Youth Criminal Record?

During the access period, a youth criminal record can be viewed by specific parties under certain conditions. These include:

• Police and Law Enforcement – Police agencies can access youth records during investigations and when determining the legal status of an individual.
• Courts and Crown Prosecutors – Courts can use youth records to inform sentencing if the young person reoffends as an adult.
• Government Agencies – Certain government agencies, such as those involved in border security and immigration, may access youth records under specific circumstances.
• Employers and Educational Institutions – Most private employers and schools cannot access youth records. However, government jobs requiring security clearances may still view sealed records.

Once the record is sealed, it is no longer accessible to the public, employers, or most government agencies, unless the individual reoffends.

How Youth Criminal Records Affect Future Opportunities

Although youth criminal records are designed to be temporary, they can still impact a young person’s future during the access period. A criminal record can affect:

Employment – While most private employers cannot access youth records, positions requiring security clearances or government employment may still require disclosure of past offences. Certain professional licenses may also ask about previous convictions.

Education – A youth record does not automatically prevent someone from attending university or college. However, certain programs, especially those requiring background checks (such as law enforcement or healthcare programs), may be affected.

Travel – Traveling to other countries, especially the United States, can be complicated. The U.S. Customs and Border Protection agency has access to Canadian criminal records and may deny entry based on a past conviction, even if the record is sealed in Canada.

Volunteering and Community Involvement – Some volunteer positions require background checks, particularly those involving children or vulnerable individuals. A youth record may limit eligibility for these roles.

Can a Youth Criminal Record Be Expunged or Removed?

Under Canadian law, youth records are automatically sealed after the access period expires, provided no further offences occur. This means that, unlike adult criminal records, a youth record does not require a record suspension (formerly known as a pardon).

However, individuals concerned about the impact of a past youth record can consult with a criminal lawyer to ensure their record is sealed and to explore potential legal remedies if issues arise.

How a Criminal Defence Lawyer Can Help with Youth Criminal Records

An experienced criminal defence lawyer plays a critical role in helping young offenders navigate the legal system, minimize penalties, and protect their future. A lawyer can:

• Advocate for Alternative Sentencing – Lawyers can negotiate for extrajudicial sanctions or diversion programs to avoid formal convictions.
• Ensure Charter Rights Are Protected – Legal representation ensures that the young person’s rights are upheld during police interactions and court proceedings.
• Advise on Record Expiry and Impacts – A lawyer can provide guidance on how long a youth record will remain accessible and how to minimize its effects.
• Assist with Travel and Employment Issues – If a youth record is causing difficulties with travel or employment, a lawyer can provide legal solutions.

Why Choose De Boyrie Law for Youth Criminal Cases?

At De Boyrie Law, we understand that young people deserve a second chance. A single mistake should not define their future. Our team has extensive experience handling youth criminal cases, advocating for fair treatment, and ensuring that young offenders have access to rehabilitation rather than harsh penalties. We are dedicated to protecting the rights of young individuals and helping them move forward with confidence.

If your child has been charged with a criminal offence, seeking legal representation as early as possible is essential. The right legal strategy can make a significant difference in the outcome of the case and help ensure that their record does not impact their future.

Schedule a Free Consultation with De Boyrie Law

If you or someone you know has concerns about a youth criminal record, contact De Boyrie Law today. We offer a free, confidential consultation to discuss your case, explain your legal options, and develop a defence strategy that protects your future. Call us now to take the first step toward clearing your record and moving forward with peace of mind.