A youth criminal record can have lasting effects on a young person’s future, impacting employment, travel, and education. Many people assume that youth records are automatically erased once a person turns 18, but this is not the case. Understanding youth record retention is crucial for young offenders and their families to ensure that past mistakes do not have long-term consequences.
The Youth Criminal Justice Act (YCJA) governs youth criminal records in Canada, ensuring that young people have an opportunity for rehabilitation while maintaining a structured system for retaining and sealing records. The length of time a youth record remains accessible depends on several factors, including the type of offence, sentencing, and whether additional crimes are committed.
What Is a Youth Record?
A youth record is any official documentation of a young person’s involvement in the criminal justice system before the age of 18. These records include details of charges, court proceedings, and sentencing. The Royal Canadian Mounted Police (RCMP) and local law enforcement agencies maintain youth records in their databases, which can be accessed under specific legal circumstances.
Unlike adult criminal records, youth records have structured retention and closure rules under the YCJA. This means they are not necessarily permanent but can remain accessible for a significant period.
How Long Are Youth Records Retained?
The retention period of a youth record depends on the type of offence and the sentence imposed. This period is called the access period, during which the record is visible to law enforcement, courts, and other authorized parties. If a young person does not commit another offence during this time, the record is sealed and is no longer accessible to the general public or most agencies.
Summary Offences (Less Serious Offences)
If a youth is convicted of a summary offence, the record remains open for three years after the sentence is completed. If no further offences are committed during this period, the record is automatically sealed and removed from active law enforcement databases.
Indictable Offences (Serious Offences)
For indictable offences, which are more serious crimes, the record remains accessible for five years after the completion of the sentence. If the individual commits another offence during this time, the record may merge with an adult record, making it permanent.
Extrajudicial Sanctions
If a youth participates in an extrajudicial sanctions program, such as community service or counselling, instead of being convicted, the record remains accessible for two years after the completion of the program. If the young person does not reoffend, the record is sealed.
Multiple Offences and Record Merging
If a youth commits additional offences during the access period, the timeline resets, and the retention period for all previous offences is extended. If the young person reoffends as an adult, the youth record may merge with the adult record, making it permanent and accessible to law enforcement and other agencies indefinitely.
Who Can Access a Youth Record?
During the retention period, youth records are not fully private. They can be accessed by specific parties under certain conditions, including:
- Police and Law Enforcement – Youth records are available to law enforcement agencies during investigations and background checks for future legal proceedings.
- Courts and Prosecutors – If the individual reoffends, their youth record may be used in sentencing decisions for new offences.
- Government Agencies – Certain government departments, such as border security and immigration, may access youth records under specific circumstances.
- Employers Requiring Background Checks – While most private employers cannot access youth records, some government jobs and positions requiring high-level security clearances may request disclosure of past offences.
- Educational Institutions – Schools and universities generally cannot access youth records, but certain programs requiring security checks (such as law enforcement or healthcare training) may ask applicants about prior offences.
Once the record is sealed, it is no longer accessible to the public, employers, or most government agencies unless the individual commits another crime.
Do Youth Records Disappear at Age 18?
A common misconception is that youth records are automatically erased when a person turns 18. In reality, records remain open until the retention period expires. If a youth commits an offence close to their 18th birthday, the record can stay active well into adulthood.
For example, if a 17-year-old is convicted of an indictable offence and completes their sentence at 18, their record will still be accessible for five years, meaning it remains active until they are 23.
How Youth Record Retention Affects Future Opportunities
Even though the YCJA prioritizes rehabilitation, youth records can still impact a person’s future during the retention period. Here’s how:
Employment – While most employers cannot access youth records, government positions and jobs requiring security clearances may require disclosure of past offences.
Education – Post-secondary institutions do not usually request youth records, but certain programs requiring police background checks (such as nursing, teaching, or law enforcement) may be affected.
Travel – The United States and other foreign countries may have access to Canadian criminal records through border agencies. Even if a youth record is sealed in Canada, it could still impact international travel, especially for serious offences.
Volunteer Work – Some volunteer positions, particularly those involving vulnerable populations, require background checks. A youth record may limit opportunities in these areas.
How to Seal or Remove a Youth Criminal Record
Under the YCJA, youth records are automatically sealed after the retention period ends, provided there are no further offences. This means that a youth record does not require a record suspension (formerly known as a pardon) like an adult criminal record.
However, in some cases, individuals may want to ensure that their record is sealed properly or explore legal options to minimize its impact. Consulting with a criminal defence lawyer can help determine whether legal steps need to be taken to address any issues related to youth record retention.
How a Criminal Defence Lawyer Can Help
A criminal defence lawyer plays a crucial role in managing youth criminal records and ensuring that a young person’s future is not negatively affected. A lawyer can:
- Advise on Retention Periods – Understanding how long a record will remain active and how to minimize its impact.
- Negotiate for Alternative Sentencing – Exploring options such as diversion programs or extrajudicial sanctions to avoid formal convictions.
- Challenge Procedural Errors – Ensuring that Charter rights were not violated during arrest or sentencing.
- Assist with Travel and Employment Concerns – Providing legal solutions if a youth record creates barriers to work or travel.
Why Choose De Boyrie Law for Youth Criminal Defence
At De Boyrie Law, we understand that young people deserve a second chance. A mistake in youth should not define a person’s future. Our experienced legal team specializes in youth criminal defence, helping families navigate the complexities of youth record retention and ensuring that young offenders receive fair treatment under the law.
Our approach prioritizes rehabilitation and the protection of young people’s rights, ensuring that their criminal records do not permanently affect their future. If you or someone you know has a youth criminal record, our team can provide expert legal advice, negotiate favourable outcomes, and guide you through the process of sealing the record when eligible.
Schedule a Free Consultation with De Boyrie Law
If you are concerned about youth record retention, contact De Boyrie Law today. We offer a free, confidential consultation to discuss your case, explain your legal options, and develop a strategy to protect your future. Call now to take the first step toward clearing your record and moving forward with confidence.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.