Area of Law: Criminal Records
Answer # 2139
What happens to the records if a young person reoffends?Region: Ontario Answer # 2139
When a young person reoffends, the impact their previous criminal record will have in a subsequent criminal trial depends on whether the non-disclosure date for the previous offence has been reached.
If a young person with a criminal record is found guilty of a new offence before the non-disclosure date for the original offence has been reached, then the original crime will remain on record until the latest of the non-disclosure dates for it or the new offence is reached. In other words, when determining the non-disclosure date for the entire criminal record, the time period for the crime with the latest non-disclosure date, must have passed before the information relating to any of the crimes is no longer accessible.
In these situations, access to the record of the original offence will be given to a parent or adult assisting the young person at a trial, hearing, or review (e.g., of a youth sentence). Access will also be given to a judge, court or review board dealing with the young person (either as a young person or as an adult) in proceedings under the Youth Criminal Justice Act or any other federal legislation. Finally, access will be given to government staff (or an organization that is an agent of, or under contract with a government department or agency) for the purpose of:
- preparing a report about the young person (e.g., a medical and psychological report, pre-sentence report, etc.)
- assisting a court in sentencing the young person after the young person becomes an adult
- supervising or caring for the young person
- administering a youth sentence
- considering an application for conditional release or pardon made by the young person after he or she becomes an adult (refer to How to remove a criminal record)
If you have been charged with a criminal offence, refer to our criminal law section.
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