Other Issues in Criminal Matters (1:VIII): Difference between revisions
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Other Issues in Criminal Matters (1:VIII) (view source)
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=== 4. Elimination of Records === | === 4. Elimination of Records === | ||
All youth criminal records become “inaccessible” after a certain period of time, depending on the nature of the offence and the sentence that is imposed ( | All youth criminal records become “inaccessible” after a certain period of time, depending on the nature of the offence and the sentence that is imposed ([https://canlii.ca/t/7vx2 s 119(2), ''Youth Criminal Justice Act'']). However, if a person is convicted of a Criminal Code offence committed as an adult, before their youth record becomes “inaccessible,” then their youth record may be dealt with as a record of an adult, again depending on the sentence that is imposed (s 119(9)). | ||
The time calculation under this section of the ''Youth Criminal Justice Act'' is complicated and mistakes are often made. If a Youth Record is part of an accused’s criminal record, the applicable “access period” for the youth record should be double-checked. | The time calculation under this section of the ''Youth Criminal Justice Act'' is complicated and mistakes are often made. If a Youth Record is part of an accused’s criminal record, the applicable “access period” for the youth record should be double-checked. | ||
=== 5. Record Suspension === | === 5. Record Suspension === | ||
A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the ''Criminal Records Act'': | A record suspension (formerly a pardon) allows offenders who have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years to have their criminal record kept apart from other criminal records. The waiting period is described in section 4(1) of the [https://canlii.ca/t/7vf3 ''Criminal Records Act'']: | ||
* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act'', excluding those below). | * 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act'', excluding those below). | ||
* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service). | * 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which the person was either fined more than $5,000, detained or imprisoned for more than 6 months, dismissed from service, or dismissed with disgrace from service). |