3. Find out if your youth record is still open
Question & Answer
How does having a youth record affect me?Your youth records will not be sealed or erased just because you turn 18.
The length of time your youth record is open is called the “access period”. The access period for your youth records depends on the:
- type of record
- type of crime
- outcome of your case
Access periods
|
Case outcome |
Access period |
|---|---|
|
Charges |
2 months from the date the is withdrawn |
|
Not guilty – no appeal |
2 months after the deadline for appeal has passed |
|
Not guilty – appeal |
3 months after the appeal is completed |
|
Reprimand |
2 months from the day you were found guilty |
|
Peace bond |
6 months from the end of the |
|
Charges |
1 year from the day your charges were stayed |
|
Absolute discharge |
1 year from the day you were found guilty |
|
Extrajudicial sanctions (EJS) |
2 years from when you agreed to EJS |
|
Conditional discharge |
3 years from the day you were found guilty |
|
Guilty – |
3 years from the end of your |
|
Guilty – |
5 years from the end of your sentence |
The access period may become longer if you’re found guilty of another as a young person. If this happens, the access period could stay the same, or be extended by 3 or 5 years.
Erasing or sealing records
At the end of the access period, youth records kept by the Royal Canadian Mounted Police (RCMP) must be erased. This includes any records that show you were found guilty of a crime.
All other youth records, such as court records or police notes, must be erased or sealed. When a record is sealed, it’s closed forever. It can only be accessed by you or your lawyer. No one else can see the record unless they get a special order from a judge that says it’s okay.
Photos, fingerprints, and DNA records
Records about your photos, fingerprints, or DNA may be open for longer than your other records. This depends on if you were charged with an indictable offence or summary offence.
An indictable offence is a more serious offence. A summary offence is a less serious offence. If you don’t know whether you were charged with an indictable offence or a summary offence, ask your lawyer or the court that handled your case.
If you were charged with an indictable offence, the RCMP can keep your fingerprints and photos for an extra 5 years after the access period is closed. There is no extra time for summary offences.
If you’re found guilty of a serious violent offence, in very rare cases the judge could decide to give you an adult sentence. If this happens, the RCMP can keep your fingerprints, photos, and DNA records forever. Examples of serious violent offences include murder, manslaughter, and aggravated sexual assault.
