The youth criminal justice system operates differently from the adult criminal justice system, recognizing the reduced maturity of young offenders. Rehabilitation and privacy protection are key principles of the Youth Criminal Justice Act, which aims to provide enhanced procedural safeguards for youth. One important aspect of youth criminal records is the Access Period, during which the records are accessible, and after which they are sealed. In this blog post, we will explore the concept of youth criminal records in detail, including the Access Period, the differences from adult criminal records, and the potential implications on travel and employment.
Youth Criminal Record and Access Period
Youth criminal records are handled differently compared to adult records. To protect the identity of young offenders, their records are subject to an Access Period. This means that during the Access Period, which varies depending on the type of offense and how it was dealt with, a criminal record check will reveal the young person’s convictions. This allows for the potential disclosure of the youth criminal record during the Access Period, even though the offender is still considered a youth.
Conversion to Adult Record
If a person is over 18 years old and is convicted of another offense while still subject to the Access Period, their youth criminal record may be converted into an adult record. This means that the record will be treated as a permanent adult criminal record, which may have long-term consequences, unless the individual obtains a Record Suspension, commonly known as a pardon. It is crucial for young offenders to be aware of this possibility and the potential implications.
Sealing of Youth Records
Once the Access Period expires, the youth record is sealed, meaning it will not show up on a criminal record check. This allows for the young person to have a fresh start without the burden of a criminal record affecting their future opportunities. The sealing of youth records is an important aspect of the Youth Criminal Justice Act, which recognizes the potential for rehabilitation and reintegration of young offenders into society after they have served their sentence.
Chart of Access Period Length
The Access Period length varies depending on the circumstances of the youth conviction. The following chart outlines the length of the Access Period according to the type of offense:
|
How Offence Is Dealt With / Type of Offence |
How Long Before the Youth Criminal Record Will Be Sealed or Destroyed? (Access Period) |
|---|---|
|
Youth is acquitted (other than verdict of not criminally responsible on account of mental disorder) |
Two (2) months after the time allowed to file an appeal, or, if an appeal is filed, three (3) months after all proceedings related to the appeal are completed |
|
Charge is dismissed or withdrawn |
After two (2) months |
|
Youth is found guilty and given a reprimand |
After two (2) months |
|
Charge is stayed |
After one (1) year, if no further court proceedings have been taken |
|
Extrajudicial sanction is imposed |
Two (2) years after the young person has consented to the extrajudicial sanction |
|
Youth is found guilty and given an absolute discharge |
One (1) year after the young person has been found guilty |
|
Youth is found guilty and given a conditional discharge |
Three (3) years after the young person has been found guilty |
|
Youth is found guilty and sentenced for summary conviction offence |
Three (3) years after the sentence has been completed (any subsequent offence will result in an extension) |
|
Youth is found guilty and sentenced for indictable offence |
Five (5) years after the sentence has been completed (any subsequent offence will result in an extension) |
|
Murder, manslaughter, attempted murder, or aggravated sexual assault |
Record may be retained indefinitely |
|
Certain scheduled offences |
Record will be retained for an additional five (5) years |
|
Youth is found guilty and receives an adult sentence |
Record is treated as an adult record, and the rules applicable to adult records apply. |
|
Person is convicted of an offence committed after he or she turns 18, while the access period for their youth offence is still open |
Record for the youth offence will be treated as an adult record, and the rules applicable to adult records apply. |
For information on the difference between a summary conviction offence and indictable offence…
Travel and Employment Considerations
Having a youth criminal record that is accessible during the Access Period can have significant implications on travel and employment opportunities. Many countries have strict entry requirements, and a criminal record, even if it is from a youth conviction, can result in denial of entry or deportation. Similarly, employers may conduct criminal record checks as part of their hiring process, and a youth criminal record can potentially affect a young person’s chances of obtaining employment. It is important for young offenders to be aware of the Access Period and the potential impacts on their future opportunities.
Conclusion
Understanding youth criminal records, including the Access Period, is essential for young offenders to navigate the legal system and plan for their future. It is important to be aware of the differences between youth and adult criminal records, as well as the potential impacts on travel and employment. If you or someone you know has a youth criminal record, it is advisable to seek legal advice and understand the options for sealing or obtaining a Record Suspension after the Access Period expires.