“Young Persons” Records

If you are a “young person” (under eighteen), and convicted of an offence under the Youth Criminal Justice Act, a finding of guilt may remain on your record after you turn eighteen. The management of Youth Records is very complicated and it is recommended that you seek the advice of a lawyer if you are concerned that an entry on your Youth Record may be visible to an employer or to some other individual or group.

Although there are many exceptions, generally juvenile record entries resulting from summary convictioncriminal charges will stay with you for no more than three years after the completion of the sentence imposed against you. If your record entry resulted from an indictable criminal charge, generally your record will stay with you for no more than five years after you complete the sentence imposed. However, the length of time your youth record remains unsealed is always calculated from the most recent conviction and, if that most recent conviction occurred within the period that a previous conviction was still visible, then that previous conviction will also remain visible. Also, if you are convicted as an adult of a criminal offence within the period of time your youth record entry is visible, then your youth record will be unsealed forever.

If your youth record becomes sealed (with some important exceptions), generally no employment application form should ask you any questions that would require you to disclose a youth record. However, some police departments do not clear their records and a “record check” may disclose a youth criminal record which has been terminated—if this happens to you, seek advice from a lawyer immediately.