Revision as of 19:58, 21 January 2015
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This page from JP Boyd on Family Law and others highlighted in orange explain trial procedure and litigation in BC family law. They are under editorial review to provide more thorough, current, and practical guidance. Since 2020, procedures, forms, and laws have changed significantly. While gross inaccuracies have been corrected, some details may still be outdated. These pages were not included in the 2024 print edition. |
The record can be closed before the young person turns 18, or stay open long after that. In most cases, officials must close youth records after a certain length of time. There are exceptions, for example, if you turn 18 and are found guilty of another crime before your youth record is closed, your youth record can become a permanent adult criminal record.
The date a youth record closes depends on:
- Seriousness of the offence;
- Outcome of the case;
- Conviction of another offence while the youth record is still open.
- Seriousness of the Offence
The following table shows when a youth record for various offences closes. Contact a lawyer for legal advice for your unique circumstances.
Offence
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Youth Record Closes
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Summary Conviction Offences
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- If a young person is found guilty and sentenced for a summary conviction offence, their record will last for three years after the end of their sentence. However, during this three year period the youth must not be involved in criminal activity.
- The three-year period does not start when the young person commits the offence or is found guilty. It starts when the young person has finished the whole sentence, including probation.
- The age of the young person when their record for a summary conviction offence closes depends on how old they were when they were sentenced, and how long the sentence lasted.
- Youth records are only closed before a youth turns 18 if the youth has completed the sentence before their 15th birthday.
- If youth are 17 or older when sentenced, they will have an open record into their 20’s.
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Indictable Offences
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If a young person is found guilty of an indictable offence, their record will last at least five years after they finish their sentence. It can sometimes remain open to the police and to the Attorney General for 10 years or more. The five years do not start when the young person commits the offence or when they are found guilty. The five years starts when the young person has finished the whole sentence, including probation, and done everything the judge has told them to do.
- The age of the young person when their record for an indictable offence is closed depends on how old they were when they were sentenced, and how long the sentence lasted. If a youth is 13 years or older when they finish their sentence, they will still have an open record after they turn 18. In many cases, they will be in their 20’s before their record is closed, even if they never commit another offence.
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Hybrid Offences
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- The duration of the record will depend on whether the Crown proceeds summarily or by way of indictment (see rules above for Summary Conviction Offences or Indictable Offences).
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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2014.
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| What is a Youth Record? | |
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