- The Youth Criminal Justice Act (YCJA) governs how young persons aged 12 to 17 are treated in Canada's criminal justice system.
- Unlike adult records, which remain open indefinitely without a pardon, youth records are sealed or destroyed once a defined “access period” expires.
- Access periods vary: 2 years for extrajudicial sanctions, 3 years after completing a sentence for a summary conviction offence, and generally 3 to 5 years for indictable offences.
- If the young person commits another offence during the access period, the record generally stays open and the clock resets.
- Youth records are not publicly accessible and can generally only be disclosed to specific people in specific circumstances during the access period.
- A youth record does not automatically become part of an adult criminal record once the person turns 18.
The Short Answer
Youth criminal records in Ontario are governed by the federal Youth Criminal Justice Act (YCJA), which treats them very differently from adult records. Rather than remaining open indefinitely absent a pardon, most youth records are sealed or destroyed automatically once a defined access period expires — generally 2 to 5 years, depending on how the matter was resolved.
Why Youth Records Are Treated Differently
The YCJA is built around a rehabilitative philosophy — recognizing that young persons have heightened potential for rehabilitation and that a criminal record can have a disproportionate, long-lasting impact if treated the same way as an adult record. This philosophy shapes everything from how youth matters are prosecuted to how long the resulting records remain accessible.
What Creates a Youth Record
Not every police interaction results in a formal youth record. Records can arise from formal court proceedings resulting in a finding of guilt, or from extrajudicial sanctions — a formal alternative to court for certain matters, allowing a young person to take responsibility through specific measures without a full court process. Less formal extrajudicial measures can sometimes resolve a matter without creating a record at all.
Access Periods: How Long Records Stay Open
| Outcome | Access Period |
|---|---|
| Extrajudicial sanctions | 2 years after consenting to the sanctions, if no further offence |
| Summary conviction offence | 3 years after the sentence is completed |
| Indictable offence | Generally 3 to 5 years after the sentence is completed, depending on seriousness |
What Happens When the Access Period Ends
Once the applicable access period expires without further offences, the youth record is generally sealed or destroyed. From that point forward, it cannot be disclosed except in narrow circumstances requiring a specific order from a youth justice court judge.
Adult criminal records remain open indefinitely unless a formal record suspension (pardon) is obtained. Youth records, by contrast, are designed to close automatically once the access period passes — no separate pardon application is generally required.
What Happens If the Young Person Reoffends
If a young person commits another offence while an earlier access period is still open, the earlier record generally stays open, and the two records' access periods run together based on the new offence — significantly extending how long the combined record remains accessible.
Who Can Access a Youth Record
During the applicable access period, disclosure is generally restricted to specific people and purposes defined under the YCJA — such as certain justice system participants involved in the young person's case or subsequent proceedings — rather than being generally available the way some adult court information can be.
Does a Youth Record Become an Adult Record?
No. Turning 18 does not automatically convert a youth record into an adult criminal record. The youth record continues to be governed by the YCJA's access period and sealing rules, entirely separate from any adult record the person may or may not go on to have.
Common Myths
Myth: “A youth record follows someone forever, just like an adult one.”
False. Youth records are specifically designed to be sealed or destroyed after a defined access period, unlike adult records, which remain open indefinitely absent a formal pardon.
Myth: “Any police contact creates a formal youth record.”
False. Less formal extrajudicial measures can resolve some matters without creating a formal record at all, depending on the circumstances.
Myth: “A youth record automatically becomes an adult record at 18.”
False. The two are treated as separate matters under Canadian law.
Is your child or a young person you know facing a youth criminal matter? Call our Toronto criminal defence lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
The YCJA applies to young persons aged 12 to 17 at the time of the alleged offence. Children under 12 cannot be charged with a criminal offence in Canada at all.
It depends on how the matter was resolved. Extrajudicial sanctions close after 2 years if there is no further offence. A summary conviction offence stays open for 3 years after the sentence is completed. Indictable offences generally stay open for 3 to 5 years after the sentence is completed, depending on the seriousness of the offence.
Once the access period expires without further offences, the youth record is generally sealed or destroyed and cannot be disclosed, except in narrow circumstances requiring a specific court order from a youth justice court judge.
If another offence occurs during the access period, the youth record generally stays open, and the access period essentially restarts based on the new offence — meaning both records stay accessible together for a further period.
No. Youth records are not publicly accessible in the way some adult court records can be. Access during the applicable period is generally restricted to specific people and purposes defined under the YCJA, such as certain justice system participants.
No. Turning 18 does not automatically convert a youth record into an adult record. Youth records continue to be governed by the YCJA's access period and sealing rules, separate from how any future adult record (if any) would be treated.
Extrajudicial sanctions are a formal alternative to the traditional court process for certain youth offences, allowing a young person to take responsibility and complete specific measures without a full court proceeding. Records of extrajudicial sanctions have a shorter access period — 2 years — compared to matters that proceed to a full youth court disposition.
Generally, once the access period has expired and the record is sealed or destroyed, it should not be accessible for most purposes, including many background checks. However, until that access period expires, a youth record can still potentially be relevant in some contexts, which is why understanding the specific timeline matters.
Extrajudicial measures — informal responses used for less serious matters, separate from extrajudicial sanctions — can sometimes avoid creating a formal record at all. Whether a specific case results in a record, and what type, depends heavily on how it was actually handled.
Strongly recommended. The YCJA has its own distinct procedures, principles, and record-keeping rules that differ significantly from the adult system, and a lawyer experienced with youth matters can help protect a young person's long-term interests, including minimizing the impact of any resulting record.