Is my youth record a criminal record?

In detail

Section 119 of the YCJA sets specific access periods, which vary with the decision that was made:

• Extrajudicial sanctions: two years from the time the young person agrees to co-operate;
• Absolute discharge: one year from the finding of guilt;
• Conditional discharge: three years from the finding of guilt;
• Finding of guilt on summary conviction: three years after the sentence has been completed in full;
• Indictable offence: five years after the sentence has been completed in full;
• Acquittal: two months after the appeal period expires, or three months after the conclusion of appeal proceedings;
• Charge withdrawn or dismissed: two months.

These periods do not necessarily run in isolation: new offences during the access period can extend it. And in certain situations, a youth record can have effects in adulthood.

So it is not an instant erasure at eighteen, contrary to a widespread belief.

What to document

Note the exact type of decision that was made, the date of the finding of guilt and the date the sentence was completed in full (end of probation, payment in full, the last hours of community work). In most cases, it is that last date that starts the clock.

Official sources

• Youth Criminal Justice Act, s. 119 — Justice Laws Website

Related questions

• How long do I have to wait to apply for a pardon or a record suspension?
• How much does it cost to apply for a record suspension?
• Does a record suspension erase my criminal record?
• Who is not eligible for a record suspension?
• Can I travel to the United States with a criminal record?

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