There are exceptions in which the record is not destroyed once it has passed the access period. When the offence is on the list of serious offences, the record is transferred from the CPIC database to a special records repository. The list of serious offences in the Youth Criminal Justice Act is contained in the “Schedule”. The following are some examples of serious offences for which records are kept in a special RCMP records repository for an additional or indefinite period of time (section 120):

- Aggravated sexual assault - Kidnapping - Arson
- Assault with a weapon - Manslaughter - Rape
- Attempted murder - Robbery - Murder
- Sexual interference - Trafficking - Incest

The complete list of offences for which records are kept can be found at the end of the Act.

What Happens to the Records of Youth Who Re-offend?

This depends on whether the young person’s record has passed the access period.

If the youth re-offends while his, or her, first record is still in the access period, the first record will still be accessible until the end of the access period for the new offence.

If the young person commits a new offence after the age of 18 and the youth record was still in the access period, the youth record can be used in adult court. The person’s youth record becomes part of the person’s adult record and the rules about adult records apply.

If the young person re-offends after the access period for the first offence(s) had passed, the youth record will remain sealed and cannot be used in either youth or adult court. If the youth record has passed the access period and the person gets into trouble as an adult, the person will be treated as an adult with no prior criminal record.

Sharing Youth’s Records

Information in a youth’s record can also be shared with certain other people. These other people would only receive information in certain situations or for specific purposes. For example, an insurance company may be given information by a police officer because the company is investigating a claim about an offence committed by a young person. Schools may get information from a record that is important to help the school make sure that the youth complies with conditions of a sentence, to ensure the safety of the staff, students and others or to help with the young person’s rehabilitation (section 125).