Area of Law: Criminal Records | Pardons & USA Waivers
Answer # 2140
What happens to a youth record if the person commits a crime after becoming an adult?Region: Ontario Answer # 2140
If convicted before non-disclosure date is reached
If an adult with a youth criminal record is convicted of a new offence before the non–disclosure date for the youth record has been reached, then the youth criminal record will be ‘locked in’ with the adult record and considered to be part of the adult criminal record. This means that the youth record can be used as evidence in an adult court, stored in the RCMP’s Identification data bank, and must be removed in the same way as an adult criminal record (refer to How to remove a criminal record). In such circumstances, the individual will need a pardon for all convictions contained in the criminal record, regardless of whether some are youth convictions. Any charges on the record not resulting in a conviction will be sealed together with the convictions when a pardon is granted. If a young person receives an adult sentence, for a very serious crime, this criminal conviction will also be treated as an adult record, and a record suspension will be required.
If convicted after non-disclosure date is reached
If an adult with a youth criminal record is convicted of a new offence, and the non-disclosure date of the original youth offence has already been reached, then the criminal record for the original youth offence cannot be disclosed. This means that the person will be considered to have no prior criminal record when prosecuted in adult court. Furthermore, if the person receives a conviction as an adult, the youth record will not be included because it will have already been removed or destroyed.
If you have been charged with a criminal offence, refer to our criminal law section.
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