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However, persons not listed as having access to youth records may be able to see a record. A person can apply to the court for access to a youth record. A judge is allowed to share a record if the judge decides that a person has a valid interest in the record, as long as the record is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice (section 119(1)(s)).
The access period is that period of time during which a youth record can be given to those listed in the Act. Access to a youth’s record commences once the youth is convicted. The period of time after which access is denied starts once a youth has successfully completed all portions of the sentence.
Youth records are accessible to those listed in the Act only for a specific period of time. Once that time has passed, the records are not available even to those listed, except in specific cases. The table below provides the access periods (section 119(2)).
| Category | When the Youth Record is No Longer Accessible |
|---|---|
| Extrajudicial Sanction | 2 years after the youth agrees to the sanction |
| Acquittal | 2 months after the time allowed for an appeal has passed; or if an appeal is held, 3 months after all proceedings have been completed |
| Charge is withdrawn or dismissed, or reprimand received after finding of guilt | 2 months after withdrawal, dismissal or finding of guilt |
| Charge is stayed | 1 year after stay |
| Absolute discharge | 1 year after the youth is found guilty |
| Conditional discharge | 3 years after the youth is found guilty |
| Summary offence | 3 years after all sentences related to the offence have been completed |
| Indictable offence | 5 years after all sentences related to the offence have been completed |
THERE ARE EXCEPTIONS TO THE ACCESS PERIODS LISTED ABOVE.