Generally, the Parole Board of Canada (PBC) cannot access or use youth records that have been statutorily closed under the Youth Criminal Justice Act (YCJA). However, if you were convicted of an adult offence before your youth record was fully sealed, the youth offences transition onto your permanent adult RCMP record and will be evaluated during your Record Suspension application.
Many Canadians make mistakes when they are young, resulting in a youth criminal record. Under the Youth Criminal Justice Act (YCJA), these records are generally sealed or destroyed after a specific period of good behaviour-typically 3 to 5 years after the sentence is completed. The goal of the YCJA is rehabilitation, ensuring that a teenager’s mistake does not ruin their adult life.
However, confusion arises when someone applies for a federal Record Suspension (pardon) for crimes committed as an adult, but they also have a history in youth court. Applicants often fear that the Parole Board of Canada (PBC) will dig up their sealed youth mistakes to justify denying their adult pardon. Understanding the strict legal boundaries between youth and adult records is essential for a successful application.
Step-by-Step Process: How the PBC Views Your Record
The PBC relies primarily on the Royal Canadian Mounted Police (RCMP) database to view your history. Whether your youth record is visible depends entirely on your behaviour during the transition period from youth to adulthood. Here is how you can determine what the PBC will see.
Step 1: Obtain Your RCMP CPIC File
The first step in any Record Suspension application is getting your fingerprints taken for a Certified Criminal Record Check from the RCMP. When this document arrives in the mail, look at it closely. If your youth offences are not listed on this adult CPIC printout, it means they were successfully destroyed under the YCJA. The PBC will not know about them.
Step 2: Identify a Transitioned Record
If you commit an adult offence (summary conviction or indictable offence) while your youth record is still “open” or subject to an access period under the YCJA, you forfeit your youth protection. The RCMP will permanently merge your youth convictions onto your adult CPIC file. If this happens, your youth crimes are legally treated as part of your adult criminal history.
Step 3: Gather Court Documents for Visible Youth Records
If your youth records transitioned to your adult file, the PBC will see them. In this scenario, you must obtain the court information documents for those specific youth offences, just as you would for your adult crimes. You must prove that all youth sentences (including community service and fines) were fully completed.
Step 4: Address the Youth Record in Your Application
If the PBC can see your transitioned youth record, you should address it in your Measurable Benefit/Sustained Rehabilitation form. Explain that these specific offences occurred when you were a minor. Highlight how much you have matured and reformed since your teenage years, contrasting your youth behaviour with your current responsible adult life.
YCJA Record Rules at a Glance
| Applicant Scenario | Status of Youth Record | Will the PBC See It? |
|---|---|---|
| No adult crimes during youth access period | Statutorily destroyed/sealed. | No. The PBC has no legal access to it. |
| Adult crime committed while youth record is open | Merged onto adult RCMP file permanently. | Yes. It will be reviewed with your adult pardon. |
| Tried as an adult while under 18 | Treated as an adult conviction immediately. | Yes. Standard adult rules apply. |
How Much Does it Cost in Canada?
Dealing with mixed youth and adult records does not significantly increase the cost of a standard Record Suspension, provided you understand the forms.
- PBC Processing Fee: The federal government fee for the application is $50.00 CAD.
- RCMP Fingerprinting: Securing your CPIC file typically costs between $25 and $85 CAD.
- Local Police Record Checks: You must still get checks from police forces where you lived, which usually cost $30 to $65 CAD each.
- Lawyer Consultation: If you are unsure whether your youth record transitioned legally, a consultation with a pardon expert generally costs $150 to $300 CAD.
How Long Does the Process Take?
The presence of a transitioned youth record on your CPIC printout does not change the statutory processing times of the Parole Board. Once your application is accepted as complete, the PBC has up to 6 months to process files containing only summary convictions, and up to 12 months for files containing indictable offences. Remember, your RCMP fingerprint results are only valid for 120 days, so you must act quickly once you receive them.
Frequently Asked Questions (FAQ)
Do I need to apply for a Record Suspension for a youth record?
Usually, no. If you never reoffended as an adult, your youth record is destroyed automatically once the access period expires. You do not need to apply for a formal pardon for standalone youth records.
Will the PBC deny my adult pardon because of my youth mistakes?
If your youth record transitioned to your adult file, the PBC will consider it. However, the Board places much heavier emphasis on your recent adult behaviour. A youth offence from 15 years ago is highly unlikely to be the sole reason for a pardon denial if you have demonstrated sustained rehabilitation.
Can the US border see my sealed youth record?
US Customs and Border Protection (CBP) has access to the Canadian CPIC database. If CBP downloaded your file while your youth record was open, they keep that data forever, even if Canada later seals it. A US Entry Waiver may be required.
Can I ask the RCMP to un-merge my youth record?
No. Once an adult conviction occurs during the youth access period, the merging of the records is a mandatory operation of law under the YCJA. It cannot be reversed, and you must apply for a Record Suspension to clear the entire file.
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