Youth Records

Youth records are kept for youth aged 12 to 17 who have been dealt with under the Youth Criminal Justice Act (YCJA). The YCJA restricts access and disclosure of information in youth records to protect the privacy of youth.

What is a youth record?

A youth record is any thing containing information, regardless of its form or characteristics, that is created or kept for the purposes of the YCJA or the investigation of an offence that could be prosecuted under the YCJA.

The following information may be part of a youth record:

• name
• date of birth
• details about arrests, charges or sentences
• information provided by family members, neighbours, school authorities, and victims

The YCJA authorizes records to be kept by police, courts, government departments or agencies, as well as certain persons and organizations when a young person is being dealt with by extrajudicial measures or for administering a youth sentence.

Who can access youth records?

Under the YCJA, the privacy of youth is protected and their personal information is confidential. The Act restricts who can access youth records to promote the rehabilitation and reintegration of youth, as well as public safety.

The following are examples of persons who can be allowed access to certain information in youth records for specific purposes and defined periods of time:

• the youth and their lawyer, parents or those assisting the youth (as determined by the court)
• Crown prosecutors
• judges, courts and review boards
• police officers
• provincial directors or directors of correctional facilities, where the youth is serving a sentence
• youth justice conference participants
• the victim of the alleged offence or offence
• a person carrying out a criminal record check for a municipal, provincial, or federal government job

Can youth records be disclosed?

The YCJA sets out rules regarding the disclosure of youth records that have been accessed. These rules place limits on how information from those records can be communicated or shared. Anyone who is given access to a youth record or receives information disclosed under the YCJA is prohibited from further disclosing that information, unless it is authorized by the Act.

Unauthorized access and disclosure of a youth record is a criminal offence punishable by either summary conviction or up to two years imprisonment on indictment.

How long is a youth record accessible?

The length of time that a record remains accessible or “open” depends on how the youth was dealt with under the YCJA. It can also depend on the alleged offence or offence committed, the sentence imposed, and whether the youth commits another offence while the record is still open.

The “period of access” is the length of time a person can access a record. It is generally longer for youth involved in more serious offences or more significant consequences. Once the period of access ends or a record is considered “closed”, youth records can no longer be accessed and are typically sealed or destroyed. This means that a youth no longer has a record.

If someone over 18 years old has an open youth record and commits another crime, the youth record will become part of their adult record. The YCJA’s privacy protections restricting access to youth records no longer apply in this situation.

What are the consequences of a youth record?

There are possible consequences for youth who have a youth record. A lawyer or legal aid program should be contacted for any legal advice or assistance about youth records.

Travel considerations

Although other countries generally do not have access to youth records, they may have information about youth records in limited circumstances. For example, Canada may disclose information to foreign countries under international agreements for cooperation in criminal investigations. A customs officer may also find out about a youth record by asking questions to those seeking entry into another country. While youth records are confidential, people with an open youth record could encounter difficulties answering questions about criminal records when entering another country.

If another country does obtain information about a youth record, they may decide to keep it in their own files permanently. Any criminal record may prevent a person, including youth, from getting into another country.

Employment considerations

Having a youth record may limit job opportunities. Only government employers can obtain information about a youth record from police. Other employers may ask a youth to complete a criminal record check to prove they do not have a record. Youth have the right to refuse to provide a criminal record check, but doing so may affect job opportunities.