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    katedepheart's Avatar
    katedepheart Posts: 1, Reputation: 1
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    #1

    Jun 26, 2012, 05:23 PM
    Youth record in BC, Canada
    Sorry in advance, as my post will be a bit long. I've read inside out, but cannot come up with a definitive answer. As I read more and more, I discover that Canada and USA are quite different in how they deal with young offenders. So this question will likely require someone who has knowledge of the Canadian system.

    When I was a young and dumb high school girl, I made a mistake that landed me in trouble with the law. I was ultimately found guilty of an indictable offense in BC, Canada. As a result, I was fingerprinted. I was charged as a YOUNG OFFENDER. My youth record is still in the access period, which means it is available to the few people that have access to it under the Youth Criminal Justice Act of Canada.

    I now live in New York, USA, and have to undergo a background check by a company called Certiphi. The company offers international screening, which includes Canada.

    To be on the safe side, I ran a background check on myself through backcheck.net (they work directly with the RCMP, who checks through CPIC). I received my clearance back from RCMP and it said that no one that had my name/DOB had a criminal record. Makes sense, because according to the following link, a CPIC check does not reveal youth records in a criminal record check:

    http://www.wrps.on.ca/sites/default/...012_%20_2_.pdf

    However, the link does also state that a record would be released from a local database for up to 3 or 5 years (depending on the type of offense).

    I spoke to my potential employer, and was told Certiphi would be doing a Level 1 CPIC check (RCMP, Make CPIC Criminal Record LEVEL 1 Query) ONLY, which requires me to fill out the form below. Basically, they do a name/DOB search, and if there are any potential matches, then I would be required to get fingerprints done to verify.

    http://www.awg2010.org/AWG_Criminal_Disclosure_Form.pdf

    Everything so far leads me to believe that my record will not be disclosed for the purpose of this background check, but I'm still not completely sure. What exactly does it mean by "local database". Would this background screening company be able to obtain my youth record somehow from the "local database".

    This question is quite complex obviously, so if anyone can also refer me to somewhere that I could potentially pay a fee to speak with an attorney or something, that would be perfect.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 4, 2012, 06:02 PM
    No it will not be disclosed, sealed records are not destroyed records, and at some level any action at court is in a file somewhere in case there has to be a review of it.

    But there will have to be a reason and often a court order to view Juv records. Some exceptions would have high level security backgrounds done for positions. This is as much for your protection as theirs, some jobs may be subject to black mail, and no better black mail than a non disclosed criminal offense, you would fear losing a job and may give into a black mail, who of course then has that to black mail again with

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