Youth and Adult Records

Summary

  • A youth record includes the criminal history of offences and extrajudicial sanctions.
  • Courts, review boards, people dealing with youth and the police can keep a youth record.
  • A youth record can have consequences regarding schooling, travel and employment.
  • A youth record will usually be open from 3-5 years after a sentence for an offence is complete.
  • A youth record can be used in court during the sentencing process.
  • The police, the prosecutor, a youth worker, the judge, the victim, the youth, the parents or guardians, the youth’s lawyer, the Attorney-General of the province, the director of a correctional facility, and the youth’s school may have access to information about the youth, depending on why the information is being sought.
  • Periods of access to youth records vary, depending on the record, the severity of the offence, the sentence imposed and the youth’s subsequent behaviour.
  • A record created from extrajudicial measures will be closed after two years if the youth does not commit another offence during that period.
  • Youth records are not automatically destroyed when the youth turns 18.
  • If a further offence is committed within the access period and after the youth turns 18, the youth record may be attached to the adult record and will be subject to the adult record provisions.
  • If the youth is given an adult sentence for a very serious crime, his or her record is treated as an adult record.
  • Adult records remain open for life, unless the person receives a pardon.
  • If there are no further offences following a sentence, then the youth record will be destroyed at the end of the access period, generally 3-5 years after the sentence.
  • Once a youth record is closed, it is either destroyed or sent to the National Archives of Canada or the Provincial Archives to be stored.