Youth Criminal Records and Publication Bans

The short answer

A youth record does not disappear when a young person turns 18. Instead, it stays accessible for an access period that depends on how the case ended (s. 119). Once that period ends, the record is generally closed and cannot be shared. A publication ban also protects the young person's identity (s. 110). Knowing these rules helps families plan for school, work and travel. This guide explains how long records stay open, who can see them and how the ban works. See our youth criminal justice page for an overview.

Youth record access periods

How long a youth record can be accessed depends on the outcome of the case:

• Extrajudicial sanction: The record is accessible for 2 years after the young person consents to the sanction.
• Acquittal: The record is accessible for 2 months after the appeal period ends, or 3 months after any appeal is finished.
• Charge dismissed or withdrawn, or a reprimand: The record is accessible for 2 months.
• Charge stayed: The record is accessible for 1 year, if no further steps are taken.
• Absolute discharge: The record is accessible for 1 year after the finding of guilt.
• Conditional discharge: The record is accessible for 3 years after the finding of guilt.
• Summary conviction offence: The record is accessible for 3 years after the sentence is completed.
• Indictable offence: The record is accessible for 5 years after the sentence is completed.

A new youth finding of guilt during an access period can extend it.

What happens if there is a new charge as an adult?

If the young person is convicted as an adult while a youth access period is still open, the youth record can be treated as an adult record (s. 119(9)). That means it may follow the person in the same way an adult record would. Staying out of trouble during the access period is therefore very important.

Who can see a youth record?

During the access period, only people listed in the YCJA can see the record. They include the young person, their lawyer, police, the Crown and the courts. Employers generally cannot see it through a regular police check. Vulnerable sector checks and some government purposes have special rules.

The publication ban

No one may publish a young person's name or any information that would identify them as having been dealt with under the YCJA (s. 110(1)). The exceptions include:

• Adult sentence: The young person receives an adult sentence.
• Justice system use: The information is shared within the justice system, and not to make it public.
• Court-ordered publication: Police get a judge's permission to publish because the young person is dangerous and publication is needed to arrest them. That order lasts 5 days.
• Urgent publication: Police can publish without a court order if the young person is an imminent danger and an order cannot be obtained in time. A court order is needed if publication continues past 24 hours (s. 110(4.1) and (4.2)).

Social media and the ban

The publication ban applies to everyone, not just the news media. Posting a young person's name, photo or other identifying details on social media in connection with a youth case can breach the ban. Families, classmates and community members should be careful about what they share online.

After age 18

A person can share their own youth history once they become an adult, unless they are in custody under the YCJA (s. 110(3)). However, choosing to share it is a personal decision with lasting effects, so it is wise to get advice first.

Travel and immigration

A youth record that is closed generally cannot be shared. However, other countries make their own decisions about who may enter. For non-citizens, Canadian immigration law generally does not treat a youth sentence under the YCJA as a basis for inadmissibility (Immigration and Refugee Protection Act, s. 36(3)(e)). Get advice before travelling or applying for immigration status if your child had a youth record.

What happens when the access period ends

When the access period ends, the record is generally closed. After that point, the information must not be shared, and records are generally destroyed or kept in a way that prevents access, subject to limited exceptions in the YCJA. For most young people, this means that the youth case will not follow them into adulthood, as long as there are no adult convictions during the access period.

Youth records and applications

Many families worry about how a youth record will affect college, university or job applications. Most applications ask about criminal convictions, and a closed youth record is generally not something a person must disclose. However, some applications ask broader questions, and certain jobs involving children or vulnerable people use special checks. When in doubt, get advice before answering questions about a past youth case. Many youth records come from incidents at school, which are covered in our guide to youth charges for assault at school.

What parents should do now

• Keep copies of every court document, including the final outcome and its date.
• Note when the access period is expected to end.
• Help your child avoid any new charges during the access period.
• Get advice before your child travels or applies for immigration status.

Vulnerable sector checks

Some jobs and volunteer positions involving children or vulnerable adults require a vulnerable sector check. These checks follow special rules and can sometimes reveal information that a standard criminal record check would not. Families should get advice before a young person applies for this kind of position while a youth access period is still open.

How we can help

We can explain how long your child's record will stay open and how to protect it. Call (647) 223-1980 for a free consultation.

Frequently asked questions