Some individuals who have committed offences as youths (ages twelve to eighteen) may be unsure whether or not they have a criminal record, and indeed the answer isn’t always clear. In most cases, a record of your youth offences will not be kept on your federal criminal record. However, there are some cases where a youth record is able to be retained. In these cases, obtaining a Record Suspension (formerly referred to as a Pardon) would be the only way to have these records removed for good.
Currently, the degree of availability of youth records is prescribed by the Youth Criminal Justice Act. This replaced the previous legislation, the Young Offenders Act on April 1, 2003. Under this legislation, youth criminal records can be retained in several databases and records repositories by police or the government for a variety of reasons. Generally though, a youth record is subject to quite specific retention periods as stipulated by the Royal Canadian Mounted Police. They are as follows:
- If the young person is found guilty of a summary offence, the record is removed three (3) years after the satisfaction of the sentence (custody and/or probation).
- If the young person is found guilty of an indictable offence, the record is active for a period of five (5) years after the satisfaction of the sentence (custody and/or probation) and then is transferred to a special repository.
- If, prior to the expiration of the periods, a conviction for a subsequent summary offence or an indictable offence is entered against a young person, the retention period for all entries will begin anew. Once a retention period for the subsequent offence has expired, the entries are then transferred to a special repository.
Royal Canadian Mounted Police- Pardon and Purge Services
It’s important to note that in some cases, a youth can be tried as an adult under s.64.(1) of the Youth Criminal Justice Act. For this to occur the youth must be at least fourteen years of age, and the offence must be one that, were the offender an adult, he or she would be liable to imprisonment for a term of more than two years. If it is the case that a youth commits an offence tried as an adult, or if the youth commits an offence when he or she is over eighteen years of age and this convicted occurs before the retention period expires on a previous youth offence, then this means that the records for the previous youth offence may also be retained permanently on the offender’s federal criminal record.
Of course this can be quite confusing for some, and so the easiest way to determine whether or not your youth offence is still on your federal record is to simply have a criminal record check done. This can be done by attending your local police station and asking them to check your record on the CPIC database, or to obtain a certified copy of your federal criminal record by using your fingerprints.
If your youth record does still appear on your criminal record, and the standard retention periods for youth offences have already elapsed, then you will require a Record Suspension (Pardon) in order to remove your Canadian criminal record. If you no longer wish to have your actions as a youth reflect on the person you are today, we advise that you contact Pardon Services Canada to obtain a Record Suspension on your behalf.