[vc_section][vc_row][vc_column][vc_row_inner][vc_column_inner width=”1\/2″ offset=”vc_hidden-lg vc_hidden-md”][vc_btn title=”TAP TO CALL NOW” style=”custom” custom_background=”#223f83″ custom_text=”#ffffff” align=”center” i_icon_fontawesome=”fa fa-phone” button_block=”true” add_icon=”true” link=”url:tel%3A18662422411|||” css=”.vc_custom_1550113634327{margin-right: 25px !important;margin-left: 25px !important;}”][\/vc_column_inner][vc_column_inner width=”1\/2″ offset=”vc_hidden-lg vc_hidden-md”][vc_btn title=”APPLY ONLINE” style=”custom” custom_background=”#cd001b” custom_text=”#ffffff” align=”center” i_icon_fontawesome=”fa fa-wpforms” button_block=”true” add_icon=”true” link=”url:%2Fapply-online-pardon-canada%2F|||” css=”.vc_custom_1550113642891{margin-right: 25px !important;margin-left: 25px !important;}”][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/vc_row][\/vc_section][vc_row][vc_column][vc_column_text]<\/p>\n
If you were charged as a young offender you will not need to apply for a pardon but you will still have a criminal record that will remain accessible for a certain period of time.<\/p>\n
All the same criminal record<\/a> information is recorded for a young offender charge that is recorded for an adult charge. This includes fingerprints and photographs, court records and an entry in CPIC.<\/p>\n Please note that if you were subsequently charged as an adult the youth record will then become a part of your permanent adult criminal record. To have it removed you will need to apply for a pardon \/ record suspension, thereby complicating the application process.<\/p>\n Below is the legislation from the Youth Criminal Justice Act, which is confusing. This is to be expected since all legal writing is intentionally complicated. But let\u2019s try to make sense of it.<\/p>\n http:\/\/laws-lois.justice.gc.ca\/eng\/acts\/y-1.5\/page-47.html#docCont<\/p>\n Period of access: <\/strong>This is the amount of time the RCMP, Police, Court, etc are allowed to access a youth criminal record.<\/p>\n (2)\u00a0The period of access referred to in subsection\u00a0(1) is<\/p>\n Explanation: An extrajudicial sanction is a measure the police are permitted to use instead of sending a young offender to court. This allows him \/ her to avoid being tried and sentenced by a judge. If this measure is used the record of arrest can be accessed for two years after the young person accepts the sanction. <\/em><\/p>\n Explanation: If the young person is found not guilty \u2013 rather than not responsible because of mental disorder, etc \u2013 then the records should be sealed 3 months following the end of the period in which the crown is permitted to appeal the decision.<\/em><\/p>\n Or, if an appeal is made then the record should not be accessible 3 months after the appeal process has finished.<\/em><\/p>\n An appeal on an acquittal verdict must be served within 30 days after the day of the acquittal.<\/em><\/p>\n Explanation:\u00a0 Strangely enough this one is pretty straight forward – if the charges are dropped, the record should be sealed two months afterwards.<\/em><\/p>\n Explanation: Record should be sealed one year after a stayed verdict.<\/em><\/p>\n Explanation: The record should be sealed one year after an absolute discharge.<\/em><\/p>\n Explanation: The record should be sealed three years after a conditional discharge.<\/em><\/p>\n Explanation: If found guilty of an indictable offence the record is sealed 5 years following the completion of the sentence.<\/em><\/p>\n Explanation: If a person is subsequently convicted of another offence while the probationary period is being completed the same 3 and 5 year waiting periods apply and the record shall be sealed at the time when both 3 and\/or 5 year periods have elapsed.<\/em><\/p>\n This is to account for the different time frames involved in sentencing which makes it possible for the waiting period on the second offence to be completed before the first.<\/em><\/p>\n Interestingly enough, the waiting periods on youth charges where the accused was found guilty correspond to the original 3 and 5 year waiting periods from the original pardon program. These time frames applied to adult records when applying for a pardon through the Parole Board of Canada.<\/p>\n Those time frames were changed to 5 and 10 years but the changes were not applied to the Youth Criminal Justice Act.<\/p>\n It might have been an oversight. Or might be the workload involved in writing an entirely new bill just to deal with Young Offenders. On the other hand maybe it\u2019s possible that the Tories didn\u2019t want to apply their tough on crime rhetoric to young offenders.<\/p>\n Remember though. If you were charged as a youth, and then again as an adult, the youth charges become a part of the adult record where the above rules no longer apply.<\/p>\n Sources:<\/strong><\/p>\n http:\/\/laws-lois.justice.gc.ca\/ [\/vc_column_text][\/vc_column][\/vc_row][vc_section full_width=”stretch_row” css=”.vc_custom_1547492265349{padding-bottom: 30px !important;background-color: #cd001b !important;}”][vc_row row_container=”true” css=”.vc_custom_1544536648507{background-color: #cd001b !important;}”][vc_column width=”2\/3″][vc_column_text]<\/p>\nHow long do youth records remain active?<\/h2>\n
Accessibility of Records<\/h2>\n
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Waiting periods for convictions<\/h2>\n
\n<\/a>http:\/\/laws-lois.justice.gc.ca\/eng\/acts\/y-1.5\/page-47.html#docCont
\n<\/a>http:\/\/www.justice.gc.ca\/eng\/cj-jp\/yj-jj\/<\/a><\/p>\n