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At Pardon Services Canada, we receive numerous calls regarding individuals who have been tried under the Youth Criminal Justice Act, and want to know more about the process surrounding a youth conviction. Most people are aware that if you have a criminal record as an adult, the only way to be freed from the restraints of that record, is by applying for a Record Suspension; but what about youth convictions?
What is the Youth Criminal Justice Act (YCJA)?
The Youth Criminal Justice Act (YCJA) was enacted to protect the privacy of youth who are charged, or convicted (guilty) of a criminal offence by prohibiting their identity and personal information from being published, while keeping this information confidential, and restricting access to their Youth Records. According to the YCJA, youth are between the ages of 12-17 years of age.
What are Youth Offenders Risking When Attempting to Travel?
Only in extremely rare circumstances would another country have access to your youth record. If you disclose any information to a foreign customs officer, they may keep that information in their database permanently. A criminal record of any kind can prevent travel into a foreign country, although youth criminal records generally do not restrict access into the United States. However, it is always up to the foreign official to choose whether or not to allow the individual to enter the country if they learned of such a youth record. If you are denied entry into the US, you would require a US Entry Waiver for any future travel. At Pardon Services Canada, we compile US Waiver applications in order for our clients to be able to gain entry to the US for travel.
When does my youth criminal record expire? / Can my youth criminal record affect me now that I am an adult?
Contrary to popular belief, your youth criminal records are not Pardoned, or automatically expire when you turn 18. The amount of time a youth record remains open varies based on the offence, the sentence, and on whether the person re-offends without satisfying the “Access Period”. Once the “Access Period” is satisfied, the record is sealed and/or destroyed. However, if that person re-offends as an adult, while their youth record is still open, their youth record will become part of their adult record which would require a Pardon to remove. Once a youth record is closed, it can be sent to the National Archives of Canada, or the Provincial Archives. These records can be used for research, analysis, and statistics; however it cannot be used to identify the young offender.
Offence Sentence and TypeAccess Period (When Record is Sealed or Destroyed)AquittedTwo months after time allowed to file an appeal, or, if an appeal is filed, three months after all proceedings related to the appeal are completed.Dismissed or WithdrawnTwo MonthsGuilty- Received ReprimandTwo MonthsStayedOne year (if no further court proceedings have been taken)Extrajudicial sanctionTwo Years after consent to Extrajudicial SanctionGuilty- Received Absolute DischargeOne year after guilty verdictGuilty- Received Conditional DischargeThree years after guilty verdictGuilty- Summary ConvictionThree years after sentence has been satisfied (additional offence will result in an extension)Guilty- Indictable ConvictionFive years after sentence has been satisfied (additional offence will result in an extension)Murder, Manslaughter, Attempted Murder, or Aggravated Sexual AssaultYouth Record may be retained indefinitelySpecific Scheduled OffencesRecord will be retained for additional five yearsGuilty- Receives Adult SentenceRecord is treated as an Adult Criminal Record. Requires a Record Suspension/ Pardon to be sealed.Convicted of offence after age of 18, but DURING youth Access PeriodRecord is treated as an Adult Criminal Record. Requires a Record Suspension/ Pardon to be sealed.
2003/2004 Youth Caseload | Create infographics
If an offence occurs after the youth turns 18, and before the “Access Period” has been satisfied, the youth record can become part of his/her adult criminal record. If a youth commits an offence which is tried as an adult offence, the record will be treated as an adult criminal record and will require a Pardon to be cleared.
If you have any questions about applying for a Pardon, or getting a United States Entry Waiver, we encourage you to contact Pardon Services Canada, and we can answer any questions you may have.
