One of the most common worries for a young person and their family is whether an involvement with the youth justice system will follow them into adulthood. The Youth Criminal Justice Act (YCJA) generally treats youth records very differently from adult criminal records, including through specific, generally shorter access periods that depend on the type of outcome and the seriousness of the offence. This page provides a general overview of how youth record access generally works. It is general information only, this is a legally detailed area where specific figures can vary, and a lawyer can confirm exactly how the rules apply to a specific case.
What Counts as a Youth Record
A youth record can generally include police records connected to an investigation, court records from a youth court proceeding, and records held by other bodies involved in the case, such as a youth justice program. Not every police interaction generates a formal record in the same way, and the specific type of record involved can affect how it is generally treated. A lawyer can advise on what records exist in a specific case and how each one is generally governed.
Access Periods Generally Depend on the Outcome
Rather than a single fixed rule, the YCJA generally sets out an outcome-dependent framework for how long a youth record can generally be accessed. In broad terms, the type of outcome, such as an extrajudicial sanction, a discharge, or a finding of guilt, and, within findings of guilt, the seriousness of the offence, all generally affect how long the access period lasts. This is a genuinely detailed area of the YCJA, and the general ranges described below should be treated as a starting point rather than a precise answer for any specific case.
Extrajudicial Measures and Sanctions
Where a matter is dealt with through an extrajudicial sanction, any resulting record is generally subject to a comparatively short access period, generally running for a period of about two years from when the young person completed the sanction, provided they do not commit a further offence during that time. Extrajudicial measures that are more informal than a sanction, such as a warning or caution, generally involve even less formal record-keeping. See young people accused of offences for more on how these tools work.
Discharges
Where a young person receives a discharge, the record is also generally subject to a defined access period measured from the finding of guilt or the end of any associated period, generally on the shorter end of the youth record framework as a whole. As with other categories, the precise length can depend on the type of discharge and the specific circumstances, so a lawyer should be consulted for an accurate answer in a specific case.
Findings of Guilt and Offence Seriousness
For findings of guilt that are not resolved through a discharge, the length of the general access period generally depends on the seriousness of the offence, generally running longer for more serious offences than for less serious ones, and generally measured from the end of the sentence rather than the date of the finding of guilt. As a general matter, this means a young person found guilty of a more serious offence should generally expect a longer period during which their record can be accessed than someone found guilty of a less serious one, but the exact length in a specific case is something a lawyer can confirm rather than something that should be assumed from a general rule of thumb.
Because the specific number of years involved can vary by source and by the precise circumstances of a case, this page deliberately avoids stating a single figure as though it applies universally. A lawyer can confirm the applicable access period for a specific youth record.
The Effect of Reoffending
If a young person commits a further offence during an existing access period, that period generally does not simply continue on its original schedule. Instead, the record generally stays open longer, and the calculation of when it will become inaccessible generally restarts or extends based on the new offence and any resulting outcome. This is one of the more significant consequences of reoffending during an active access period, beyond whatever direct consequences follow from the new offence itself.
What Generally Happens After the Access Period
Once the applicable access period ends without further offences, a youth record generally becomes inaccessible in a way that is meaningfully different from how an adult criminal record is treated. In general terms, the record is generally not available to be carried forward into adulthood the way an adult record would be, and it is generally not something a person needs to disclose or that would generally show up in an ordinary background check after that point. There can be exceptions in specific circumstances, including where a person goes on to reoffend as an adult in certain situations, so a lawyer's advice is valuable for anyone with specific questions about how a particular youth record will be treated going forward.
Who Can Generally Access a Youth Record
While an access period is active, the YCJA generally limits who can access a youth record and for what purpose, reflecting the same enhanced privacy protections that run throughout the youth justice system more broadly, including the general publication ban discussed on the how youth court works page. Access is generally more restricted than it would be for a comparable adult record, consistent with the YCJA's broader focus on giving young people a genuine opportunity to move past an earlier finding of guilt.
Practical Tips for Young People and Families
It is generally a good idea to keep a simple written note of key dates connected to a youth matter, including when a sentence or sanction was completed, since these dates generally form the basis for calculating when an access period ends. If questions come up later, such as during an application for a job, a volunteer position, or travel, it is generally worth speaking with a lawyer before assuming how a past youth matter needs to be described, since assumptions in this area can sometimes be inaccurate.
Frequently Asked Questions
Does a youth record last forever, like some adult records can?
No. Youth records are generally subject to defined access periods after which they generally become inaccessible, unlike an adult record, which generally stays open indefinitely absent a record suspension.
How long does a youth record access period last?
It depends on the outcome and the seriousness of the offence, and the exact figure varies by case. This page describes the general framework; a lawyer can confirm the specific period that applies to a particular record.
Does an extrajudicial sanction create a permanent record?
No. A record connected to an extrajudicial sanction is generally subject to a comparatively short access period, provided the young person does not reoffend during that time.
What happens if a young person reoffends before the access period ends?
The record generally stays open longer, with the calculation generally extending or restarting based on the new offence and outcome.
Will a youth record show up on a background check as an adult?
Generally not, once the applicable access period has ended without further offences, though there can be exceptions in specific circumstances. A lawyer can advise on a particular situation.
Is a youth record the same as an adult criminal record?
No. Youth records are generally governed by a distinct set of rules under the YCJA, with different access periods, different privacy protections, and a different long-term outcome than adult records.
Can a lawyer confirm the specific access period for a past youth matter?
Yes. Because the rules depend on the type of outcome, the offence, and the specific dates involved, a lawyer is generally the best source for confirming exactly how the framework applies to a specific record.