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Other Issues in Criminal Matters (1:VIII): Difference between revisions

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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 (s 119(2), [[ https://canlii.ca/t/7vx2 |''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)).
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.
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