Purpose: Understanding the regulations around youth criminal justice records, who can access them, and under what circumstances they are destroyed or remain accessible.
Key Information
What Information Do Police Keep?
Police records include arrests, suspected activities, convictions, fingerprints, photos, 911 calls, interviews, reports.
Records of participation in extrajudicial measures or sanctions are also kept.
Youth Justice Court Record
Includes court-prepared reports, charges, history of convictions and sentences.
Accessible to the individual at any time, except certain medical/psychological reports as decided by the judge.
Access to Records
Parents: Can access youth court records at any time during the case.
Others: Police, court, and certain individuals (e.g., school administrators, youth workers) under specific circumstances.
Police Records: Accessible to the individual, lawyer, and select others for law enforcement and safety purposes.
Destruction of Records
Records are generally destroyed after specific periods:
Acquittal: 1 month (longer if appealed).
Dismissed charges, reprimands: 2 months.
Absolute discharge: 1 year.
Conditional discharge: 3 years.
Summary offences: 3 years post-sentence.
Indictable offences: 5 years post-sentence.
Serious offences (e.g., murder) may be kept indefinitely.
Not automatically destroyed at age 18.
Post Access Period
After access period, records are not usable or disclosable.
Special circumstances may allow access but not use against the individual.
Extrajudicial Measures and Sanctions
Measures: Records kept for police use only.
Sanctions: Accessible to supervising individuals and victims, not after 2 years.
Job Applications
Youth records do not equate to an adult criminal record.
Employers cannot legally ask about youth records.
Fingerprints, Photographs, and DNA
Non-guilty findings: Certain records (fingerprints, photos) kept but not disclosed.
DNA: May be required for serious charges; destroyed or kept depending on the case.
Other Records
Access to social agency or police force records varies per case.
Advice and Legal Assistance
Seek legal advice if asked to provide DNA or if concerned about record disclosure.
Contact legal services for help if issues arise with police record checks during job applications.