Youth Criminal Records: Retention and Sealing

A youth criminal record does not necessarily follow a young person for life, but it also does not simply disappear when they turn 18.

Canada’s Youth Criminal Justice Act (YCJA) establishes specific rules governing youth records, including who can access them, how long they remain accessible and what happens after the applicable access period expires. The rules can vary significantly depending on how the case was resolved. An extrajudicial sanction, withdrawn charge, absolute discharge, summary conviction offence and indictable offence can each result in a different access period.

Understanding these rules is important for young people and their families because a youth record can raise concerns about employment, education, background checks, travel and future involvement with the criminal justice system.

De Boyrie Law represents young people facing criminal charges and can provide advice about the potential record consequences of a youth case.

Call (647) 931-0248 to schedule a free consultation about a youth criminal matter.

What Is a Youth Criminal Record?

Youth records are governed by the Youth Criminal Justice Act. The YCJA generally applies to young people who are at least 12 but under 18 at the time of an alleged offence.

A common misconception is that a youth record exists only when a young person is convicted. In reality, records can be created and maintained in connection with different stages and outcomes of a youth case. Depending on the circumstances, records may be kept by:

• youth justice courts;
• police services;
• government departments or agencies; and
• other organizations authorized under the YCJA.

Records can contain information relating to charges, court proceedings, findings of guilt, sentences and other involvement with the youth justice system.

The important question is therefore not simply whether a youth “has a criminal record.” It is also what records exist, how the case was resolved, who can access those records and when the applicable access period ends.

Are Youth Criminal Records Permanent in Canada?

In many cases, no. One of the significant differences between the youth and adult criminal justice systems is the way records are treated. The YCJA establishes periods during which specified people can access youth records. Once the applicable access period ends, section 128 significantly restricts how records can be used.

Subject to exceptions in the legislation, a record can no longer be used to identify the individual as a young person who was dealt with under the YCJA after the applicable access period expires.

The RCMP must also remove applicable records from its automated criminal conviction records retrieval system at the end of the relevant access period, subject to specific rules and exceptions. This is different from simply saying that every youth record is “erased” or “sealed.”

The precise treatment of the record depends on the type of record, the outcome of the case and the provisions of the YCJA.

Do Youth Criminal Records Disappear When You Turn 18?

No. Turning 18 does not automatically close, erase or destroy an existing youth record. Instead, the applicable timeline generally depends on how the youth case was resolved and, in cases involving a finding of guilt, the type of offence and sentence. This means a youth record can remain within its access period after the person has become an adult.

For example, if someone is found guilty of an indictable offence as a youth, the applicable access period can continue for five years after completion of the youth sentence. A person could therefore be well over 18 before that period ends.

Age 18 is important because it marks the transition from the youth to adult criminal justice system for new offences. It is not, by itself, the date on which previous youth records disappear.

How Long Does a Youth Criminal Record Last?

There is no single retention period for every youth record. Section 119 of the YCJA establishes different access periods depending on how the matter was resolved. Some of the most important timelines include the following.

Extrajudicial Sanctions

Where an extrajudicial sanction is used, the access period ends two years after the young person consents to the sanction. Extrajudicial sanctions can allow an appropriate youth matter to be addressed outside the traditional prosecution and sentencing process. This is one reason the manner in which a youth charge is resolved can have important long-term consequences.

Acquittal

An acquittal does not mean that every record instantly disappears on the day the young person is found not guilty.

Where a young person is acquitted, other than by reason of a verdict of not criminally responsible on account of mental disorder, the YCJA provides an access period connected to the expiry of the appeal period.

If an appeal is taken, a different timeline applies following completion of the appeal proceedings.

Withdrawn or Dismissed Charges

If a youth charge is dismissed for a reason other than an acquittal, or the charge is withdrawn, the applicable access period generally ends two months after the dismissal or withdrawal.

The same two-month period applies where the young person is found guilty and receives a reprimand. This is an important distinction because being charged is not the same as being convicted, but records connected to the proceeding may still exist for a period after the charge is withdrawn.

Stayed Charges

Where a charge is stayed and no proceedings are taken against the young person for one year, the access period generally ends at the end of that one-year period.

Absolute Discharge

Where a young person is found guilty and receives an absolute discharge, the access period generally ends one year after the finding of guilt.

Conditional Discharge

Where the youth sentence is a conditional discharge, the access period generally ends three years after the young person is found guilty.

Summary Conviction Offences

Where a young person is found guilty of a summary conviction offence, the access period generally ends three years after the youth sentence has been completed. The important phrase is “after the youth sentence has been completed.”

The three-year period does not necessarily begin on the date the person was charged, convicted or turned 18.

Indictable Offences

For an indictable offence, the access period generally ends five years after the youth sentence has been completed. Again, the calculation is tied to completion of the sentence rather than the young person’s 18th birthday.

Youth Record Access Periods at a Glance

The applicable timeline depends on the precise circumstances, but common YCJA access periods include:

• Extrajudicial sanction: two years after consent to the sanction
• Withdrawn or dismissed charge: generally two months after withdrawal or dismissal
• Stayed charge: generally after one year if proceedings are not resumed
• Absolute discharge: one year after the finding of guilt
• Conditional discharge: three years after the finding of guilt
• Summary conviction offence: three years after completion of the youth sentence
• Indictable offence: five years after completion of the youth sentence

Other outcomes and exceptions have their own rules. For that reason, determining when a particular youth record’s access period ends requires looking at exactly how the case was resolved.

What Happens When the Access Period Ends?

This is often described informally as a youth record being “sealed,” but the YCJA contains more specific rules.

Under section 128, after the applicable access period ends, records generally cannot be used for a purpose that would identify the person as a young person who was dealt with under the YCJA, subject to statutory exceptions. The legislation also addresses the disposal and destruction of records.

For certain RCMP records, the YCJA requires destruction or transfer to Library and Archives Canada at the end of the applicable period. The RCMP Commissioner must also remove applicable records from the automated criminal conviction records retrieval system. This is why youth records should not be treated in exactly the same way as adult criminal records.

Are Youth Records Automatically Sealed?

In ordinary language, people frequently ask whether a youth record is automatically “sealed.” Generally, there is not an application process comparable to applying for a record suspension for an ordinary youth record once its YCJA access period ends. Instead, the legislation determines the applicable access period and what happens to the record after that period. However, describing every youth record as simply “automatically erased” can be misleading.

Different records can be held by different organizations, there are statutory exceptions, and subsequent offences can significantly affect the treatment of a youth record. If an old youth record appears where it should not, or there is uncertainty about whether an access period has expired, legal advice may be appropriate.

Do You Need a Record Suspension for a Youth Record?

Generally, youth records dealt with entirely under the YCJA are governed by the YCJA’s record provisions rather than the ordinary adult record suspension process. This is an important difference between youth and adult records.

Rather than assuming a record suspension is required after a certain number of years, the first step should be determining:

1. how the youth matter was resolved;
2. which YCJA access period applies;
3. whether that period has expired; and
4. whether any subsequent offence affected the record.

The answer can be very different depending on the person’s history.

Who Can Access a Youth Criminal Record?

Youth records are subject to significant privacy protections. Section 118 of the YCJA establishes the general rule that access to youth records is prohibited unless the Act authorizes or requires it. During an applicable access period, however, section 119 identifies a number of people and organizations that may be permitted access in specified circumstances.

Depending on the situation, these can include:

• the young person;
• the young person’s lawyer;
• parents during specified stages of the proceedings or sentence;
• the Attorney General;
• police officers for authorized purposes;
• judges and courts;
• certain government departments or agencies;
• people involved in administering the youth case; and
• certain other people authorized under the YCJA.

Access is therefore controlled by legislation. A youth record should not be treated as though it were an ordinary public record available to anyone who asks for it.

Can Employers See a Youth Criminal Record?

The answer depends on the circumstances, including whether the applicable access period is still open and the type and purpose of the record check.

Section 119 permits access in certain circumstances for a person carrying out a criminal record check required by the federal, provincial or municipal government for employment or the performance of services. That does not mean every private employer has unrestricted access to youth records. Youth record information is protected by the YCJA, and access and disclosure must be specifically authorized.

After the applicable access period expires, the restrictions become significantly stronger. Anyone concerned about a particular background check should obtain advice based on the specific type of check being requested and the status of the youth record.

Can a School Access a Youth Record?

Schools and educational institutions do not have unrestricted access to youth criminal records. However, the YCJA permits certain information to be disclosed to professionals involved in the supervision or care of a young person, including representatives of schools or school boards, when disclosure is necessary for specified purposes. Those purposes can include ensuring compliance with certain orders, protecting the safety of staff or students, or facilitating rehabilitation.

The recipient must also protect the information and destroy their copy when it is no longer required for the authorized purpose. This is very different from a youth record simply being generally available to a school.

Can a Youth Record Affect Employment or Education?

Potentially. Although the YCJA provides substantial privacy protections, the existence of a youth record can still create practical concerns while its access period remains open. Certain occupations, government positions, professional programs and volunteer roles may involve criminal record checks or other screening requirements.

The effect of a youth record depends on the circumstances, including the type of check being conducted and whether access to the information is legally authorized. A youth record does not automatically prevent someone from attending college or university or obtaining employment.

Can a Youth Criminal Record Affect Travel?

International travel is more complicated because Canadian law does not determine the admission rules of another country. The fact that a youth record is subject to access restrictions in Canada does not necessarily answer how another country’s border authorities will treat information already obtained or disclosed to them.

Anyone concerned about travelling with a current or former youth record should obtain advice about the specific country and circumstances rather than assuming that expiry of the Canadian access period guarantees admission elsewhere.

What Happens If a Young Person Commits Another Youth Offence?

A subsequent offence committed while the person is still a young person can extend the period during which earlier youth records remain accessible. Section 119 contains specific rules for this situation. If, during an existing access period, the young person is found guilty of another summary conviction offence committed as a youth, the applicable period can be extended based on the later sentence.

If the later youth offence is indictable, the access period can extend to five years after completion of the sentence for that indictable offence. This is another reason there is no universal answer to the question, “When will my youth record disappear?” The person’s complete youth history must be considered.

What Happens If You Are Convicted of an Adult Offence During the Access Period?

This is one of the most important exceptions to understand. If a person is convicted of an offence committed as an adult while a youth record remains within certain access periods, the YCJA provides that the youth record can be treated as an adult record. In that situation, the ordinary YCJA protections that would otherwise apply to the youth record can change significantly.

The finding of guilt for the youth offence can also be treated as a conviction for purposes of the Criminal Records Act. This is why an open youth record should not be assumed to be guaranteed to disappear simply because enough time will eventually pass.

Can Youth Records Ever Be Accessed After the Normal Access Period?

There are limited statutory circumstances in which access may still be authorized. For example, section 123 of the YCJA allows a youth justice court judge to order access to certain records after the normal access period where the legal requirements are satisfied.

The person seeking access must meet specific conditions, including demonstrating a valid and substantial interest and showing that access is necessary for the proper administration of justice. These are exceptions rather than general public access.

Are Youth Records Public?

Generally, youth justice information receives substantially greater privacy protection than information about adult criminal proceedings. The YCJA restricts access to records and also contains separate rules restricting publication of information identifying young people involved in the youth justice system.

These protections reflect one of the fundamental features of Canada’s youth justice system: recognizing the diminished maturity of young people and emphasizing rehabilitation and reintegration. However, privacy protection should not be confused with the idea that no record exists. A record can exist while access to it is tightly restricted.

Is a Youth Record the Same as an Adult Criminal Record?

No. Youth records are governed by a distinct statutory framework. Some of the major differences include:

• specific YCJA access periods;
• restrictions on who can access records;
• restrictions on disclosure;
• enhanced privacy protections;
• different rules after access periods expire; and
• different consequences for subsequent youth or adult offences.

This distinction can have significant long-term consequences for a young person. It is also one reason that the outcome of a youth criminal case should be considered not only in terms of the immediate sentence but also in terms of the record that may result.

Why the Outcome of a Youth Case Matters

When a young person is charged, the immediate concern is understandably avoiding a conviction or serious sentence. However, the way the case is resolved can also determine how long records remain accessible.

A withdrawal, extrajudicial sanction, discharge, summary conviction and indictable finding of guilt can produce very different record consequences. For example, a withdrawn charge generally has a much shorter access period than an indictable finding of guilt followed by a youth sentence. That makes the long-term record consequences an important consideration when evaluating potential resolutions.

How a Youth Criminal Defence Lawyer Can Help

A criminal defence lawyer can help a young person and their family understand both the immediate case and its potential long-term consequences. Depending on the circumstances, this can include:

• explaining how the YCJA applies;
• reviewing the allegations and evidence;
• protecting the young person’s Charter rights;
• exploring extrajudicial measures or sanctions where appropriate;
• seeking withdrawal of charges where possible;
• assessing potential resolutions;
• explaining the record consequences of different outcomes;
• determining the applicable access period;
• advising about subsequent offences and their effect on existing youth records; and
• addressing concerns involving an old youth record.

The record consequences should be considered as part of the overall defence strategy rather than only after the case has resolved.

Frequently Asked Questions About Youth Criminal Records

Does a Youth Record Automatically Disappear at 18?

No. Turning 18 does not determine when a youth record’s access period ends. The applicable period depends on how the case was resolved and, in many cases, when the youth sentence was completed.

How Long Does a Youth Record Last for a Summary Offence?

Where a young person is found guilty of a summary conviction offence, the access period generally ends three years after completion of the youth sentence, subject to the rules and exceptions in the YCJA.

How Long Does a Youth Record Last for an Indictable Offence?

For an indictable offence, the access period generally ends five years after completion of the youth sentence, subject to the YCJA’s rules and exceptions.

How Long Does a Record Last if the Charge Was Withdrawn?

Where a youth charge is withdrawn, the applicable access period generally ends two months after the withdrawal.

How Long Does an Extrajudicial Sanction Stay on a Youth Record?

The applicable access period generally ends two years after the young person consents to the extrajudicial sanction.

Is a Youth Record Automatically Erased?

It is more accurate to say that the YCJA imposes restrictions on the use and disclosure of records after the applicable access period and contains specific requirements concerning the disposition of certain records. The treatment of the record depends on who maintains it and the applicable YCJA provisions.

Do I Need a Pardon for a Youth Criminal Record?

Ordinary youth records dealt with under the YCJA generally follow the YCJA’s record-access rules rather than requiring the same record suspension process that can apply to adult convictions. However, subsequent adult convictions during an applicable youth-record access period can change how the youth record is treated.

Can Police Still See an Old Youth Record?

Police access to youth records is governed by the YCJA. During the applicable access period, police can access records for authorized purposes. After the period expires, section 128 restricts use of the records and contains specific requirements concerning RCMP records and removal from the automated criminal conviction records retrieval system. Exceptions can apply in particular circumstances.

Can a Youth Record Become an Adult Record?

Yes, in certain circumstances. If a person is convicted of an offence committed as an adult while certain youth-record access periods remain open, section 119 provides that the youth record is dealt with as an adult record.

Can a Lawyer Check Whether My Youth Record Should Still Be Accessible?

A lawyer can review how the youth matter was resolved, when the sentence was completed, whether any subsequent offences occurred and which YCJA access period applies. If there is a concern that information is still appearing after the applicable period, the specific record and organization maintaining it should be investigated.

Speak With a Lawyer About a Youth Criminal Record

Youth criminal records are subject to rules that are significantly different from adult criminal records. The applicable access period depends on the outcome of the case, and subsequent offences can change how long records remain accessible and how they are ultimately treated.

If you or your child is currently facing a youth charge, understanding these consequences early can help inform decisions about the case. If the youth matter occurred in the past, reviewing the original outcome and applicable access period can help determine how the record should now be treated.

De Boyrie Law represents young people facing criminal charges and advises clients about youth criminal records under the Youth Criminal Justice Act.

Call (647) 931-0248 or request a free consultation to discuss a youth criminal matter.