- How long the youth record remains open and why.
- The offence
- The sentence
- Committing an offence as an adult while having an open youth record
- How does having a youth record affect employment opportunities?
Find out how long the youth record remains open and why and find out how it impacts employment and travel.
How long the youth record remains open and why.
When someone under the age of 18 enters the youth justice system, a record will be opened in their name.
3 things determine how long a youth record remains open:
- the offence;
- sentence; and
- whether another offence was committed while the record was open.
Summary conviction offence
A summary conviction offence is a minor offence, such as causing a disturbance in a public place.
Records are kept open for 3 years after the youth has completed their sentence and probation.
An indictable offence is a serious crime which can range from theft over $5,000 to first-degree murder.
Records are kept open for 5 years after the youth has completed their sentence and probation.
For example, if a youth completed their sentence at 17, their record remains open until they are 22.
If the youth committed a violent crime, their record can remain open for 5 years, or more.
The type of sentence will determine how long a youth record will last.
The youth makes an agreement to accept responsibility for the offence and to take action to right their wrong. Under the Youth Criminal Justice Act, the youth can consult, and be advised by counsel on extrajudicial sanctions.
The youth will have a police record instead of a court record, and it will be open for 2 years from the time the youth agrees to the extrajudicial sanctions.
An absolute discharge
The record stays open for 1 year after the judge’s decision.
A conditional discharge
The record stays open for 3 years after the judge’s decision.
Committing an offence as an adult while having an open youth record
Convicted as an adult
If a youth is convicted as an adult while their youth record is open, the youth record loses the confidentiality protections of the Youth Criminal Justice Act.
Records remain open until all appeals are heard and decided.
The record will show that a charge has been laid and the youth was found not guilty.
How does having a youth record affect employment opportunities?
Having a youth record should not stop anyone from looking for work. Under the Youth Criminal Justice Act employers:
- are not allowed to ask for a youth record from police;
- can ask an applicant to go to the police to get a statement that says a youth has no record; and
- can refuse to hire a youth as long as their record is open.
For questions about a youth record phone: 867-667-3610 or toll free in Yukon: 1-800-661-0408 ext. 3610.