Rounded Corner

Call now for your free consultation
(905) 895-6528

Rounded Corner

Contrary to common misconception, youth court records are not destroyed.  They are retained however the period of time that persons have access to them is restricted.  The period of access is governed by section 119(2) of the Youth Criminal Justice Act and varies depending upon the disposition of the charge.  The access periods are:

  • if extrajudicial sanctions (EJS) are used: 2 years
  • if acquitted: 2 months after appeal period expiry
  • if the charge is withdrawn, dismissed or found guilty and given a reprimand: 2 months
  • if the charge is stayed; 1 year
  • if found guilty and given an absolute discharge: 1 year
  • if found guilty and given a conditional discharge: 3 years
  • if found guilty of a summary conviction offence: 3 years after completion of sentence
  • if found guilty of an indictable offence: 5 years after completion of sentence

CAUTION #1 : If during the period of access to a record the young person is convicted of an offence committed when he or she is an adult, the restriction of access does not occur, a finding of guilt is deemed to be a conviction and the youth court record becomes an adult record.

CAUTION #2 : The United States of America has access to youth court records as we share this information with them through the Canadian Police Information Centre (CPIC). As a foreign country they are not bound by Canadian laws of youth court record access.  Once they have this information they are not legally required to destroy nor are they restricted from accessing such records.

 

Leave a Reply

Your email address will not be published. Required fields are marked *