Background check for Canadian juvenile record

[christ345]

after reading a thread on this site, I noticed there are several people with knowledge of the Canadian juvenile system. This thread:

http://forums.redflagdeals.com/does-your-criminal-record-slate-get-wiped-clean-when-you-turn-18-a-837071/

when I was 15, I found guilty (not convicted, see YCJA) of an indictable offense. I later moved to the US (Boston) with my family. I am now 21 and undergoing a background check. On the background check, it asks me about my previous addresses. Once I list my Canadian addresses, I figure it will prompt them to do a check on me in Canada.My record is still open under YCJA rules, and will be sealed/destroyed in 2 years or so.

what's the likelihood this incident will pop up on a background check? I previously had a background check done by a company called beenverified, and nothing came back. But I believe that company only searched the USA.

also, on the form for medical school it asks me "Have you ever been convicted of a crime?". I answered no to this, because under the YCJA, minors are not convicted, but are found "guilty", and it states we can answer no to the above question.


visit this site and see the following part: http://www.johnhoward.ab.ca/pub/A5.htm#young

"No one can access a youth record, except those authorized under the Young Offenders Act."

pretty much says only certain people have access to a youth record, and it does not seem like a background check company falls under that category.

so, could this possibly show up on the background check?

[Shaner]

Could it possibly show up on a background check? Absolutely. Will it? I really don't know. It will be in CPIC until such time as it's sealed and I would think the company will be able to view anything in CPIC. I would be surprised if it doesn't show up.

Either way, there's not much you can do but wait and see what happens. Or give a fake address.

[christ345]

Could it possibly show up on a background check? Absolutely. Will it? I really don't know. It will be in CPIC until such time as it's sealed and I would think the company will be able to view anything in CPIC. I would be surprised if it doesn't show up.

Either way, there's not much you can do but wait and see what happens. Or give a fake address.

Fair enough. That's what I was thinking (about it being in CPIC). but then I read this in the link I provided in my first post:


No one can access a youth record, except those authorized under the Young Offenders Act.

Under the Young Offenders Act there are strict limitations regarding who can access a youth record. Section 44.1 states that the following people can access a youth's record:

The young person .
The young person's parents or guardian
The young person's legal counsel
Any judge, court, review board
Any peace officer
Alternative Measures Program staff
Attorney General
Staff who are responsible for the care and supervision of the young person
A government of Canada employee for statistical purposes
Any person who determines the granting of criminal record checks required for all levels of government.

Anyone not authorized by the Act who wishes to access a youth's record must do so by bringing their request to youth court to be heard by a judge. For example, if a prospective employer wishes to access a youth's record, the employer must go before a youth court judge and show that he or she has a ‘valid interest' in the contents of the record. The employer would need to prove that the youth's record would have an impact on his or her ability to perform duties related to the job.

I just can't seem to figure out which of the above a US background check company would fall under, if any.

[Shaner]

Fair enough. That's what I was thinking (about it being in CPIC). but then I read this in the link I provided in my first post:



I just can't seem to figure out which of the above a US background check company would fall under, if any.

Do they not make you get a copy of your own background check and then supply it to them? If not, then it sounds like you're good. The only issue might be that the background check may indicate a youth record, but they won't be able to view the record. So they may know a record is there, but they simply won't be able to view the details of it. Or perhaps nothing will show up at all.

Hope for the best.

[Toukolou]

No one should have access to that record, that's the beauty of the Young Offenders Act. I wouldn't worry about it.

[Shaner]

No one should have access to that record, that's the beauty of the Young Offenders Act. I wouldn't worry about it.

The Young Offenders Act no longer exists. I do agree about not worrying though. Either it turns up or it doesn't, no sense stressing about something you have no control over.

[christ345]

Do they not make you get a copy of your own background check and then supply it to them? If not, then it sounds like you're good. The only issue might be that the background check may indicate a youth record, but they won't be able to view the record. So they may know a record is there, but they simply won't be able to view the details of it. Or perhaps nothing will show up at all.

Hope for the best.

thanks!

[Shaner]

thank you, you've been very helpful and reassuring. i'm pretty clueless when it comes to this legal stuff, but this is exactly what i just found on the Certiphi website:

"International criminal records searches are generally performed by facilitating the applicant in obtaining an official Police Clearance or Police Certificate from the desired country. In those countries that have established third-party criminal records search facilities—including Canada and Great Britain—searches will be obtained directly through those channels."

isn't that basically saying they will not be getting Canadian records from RCMP or CPIC?

also, i think Toukolou was referring to the YCJA

It sounds like they make you get your own CPIC clearance, in which case your record will show up. That's often how it's done, but not always. I could be reading it wrong though, I am tired and have had a handful of beers today.

[christ345]

It sounds like they make you get your own CPIC clearance, in which case your record will show up. That's often how it's done, but not always. I could be reading it wrong though, I am tired and have had a handful of beers today.

no problem, had a pretty long day myself as well. i actually interpreted it the opposite way. to me, it seemed like for most other countries that don't have third party background checks available, then individuals will need to obtain a police clearance on their own. but for great britain and canada, then that is not required, as they use third party databases in those countries.

others; any thoughts on this?

[Shaner]

no problem, had a pretty long day myself as well. i actually interpreted it the opposite way. to me, it seemed like for most other countries that don't have third party background checks available, then individuals will need to obtain a police clearance on their own. but for great britain and canada, then that is not required, as they use third party databases in those countries.

others; any thoughts on this?

You're right, I think. It does sound like they will obtain the criminal record check themselves. It will come from the RCMP though as all criminal record checks come from the RCMP, even if not directly.

[stuntman]

Fair enough. That's what I was thinking (about it being in CPIC). but then I read this in the link I provided in my first post:
I just can't seem to figure out which of the above a US background check company would fall under, if any.

A background checking company falls only under the last category: they have to go to court to ask for the information.
The company may however act on behalf of a Canadian group that is seeking such information and ask their client to make the request.

US law enforcement in general would not get the information either unless they went through Canadian law enforcement.

So, say no with confidence when it comes to questions about a criminal past.

Not a lawyer or in law enforcement. Just using common sense, your post and some of my own basic exposure to it so maybe you do not want to give my observation credit.

[christ345]

A background checking company falls only under the last category: they have to go to court to ask for the information.
The company may however act on behalf of a Canadian group that is seeking such information and ask their client to make the request.

US law enforcement in general would not get the information either unless they went through Canadian law enforcement.

So, say no with confidence when it comes to questions about a criminal past.

Not a lawyer or in law enforcement. Just using common sense, your post and some of my own basic exposure to it so maybe you do not want to give my observation credit.

thank you

[christ345]

spoke to a local international lawyer in boston. referred me to a number of links. ran across this..not sure how accurate CBC is. it would be good to find a legal reference..more relaible

http://www.cbc.ca/news/canada/story/2012/01/13/f-online-dating-canadian-records.html

"The RCMP charges a $25 processing fee and local police forces apply additional charges, as do accredited verification companies. This fee structure results in a total cost of approximately $60. Results don't include pardoned offences, juvenile offences or offences that resulted in a conditional discharge."

[ChoW_MeiN]

spoke to a local international lawyer in boston. referred me to a number of links. ran across this..not sure how accurate CBC is. it would be good to find a legal reference..more relaible

http://www.cbc.ca/news/canada/story/2012/01/13/f-online-dating-canadian-records.html

"The RCMP charges a $25 processing fee and local police forces apply additional charges, as do accredited verification companies. This fee structure results in a total cost of approximately $60. Results don't include pardoned offences, juvenile offences or offences that resulted in a conditional discharge."

As a part of my job, I have to clear CPIC checks frequently and I also work in the legal field.

Rest assured, your juvenile offences will not show up on a CPIC check.

Although some authorities and government agencies may have access to your young offender records, no one else can access that information nor use it against you.

[christ345]

As a part of my job, I have to clear CPIC checks frequently and I also work in the legal field.

Rest assured, your juvenile offences will not show up on a CPIC check.

Although some authorities and government agencies may have access to your young offender records, no one else can access that information nor use it against you.

thanks, that is reassuring. so regardless of whether my record is in the "access" period or not, a background checking firm should have no access (unless they go before a family court judge)?

[ChoW_MeiN]

thanks, that is reassuring. so regardless of whether my record is in the "access" period or not, a background checking firm should have no access (unless they go before a family court judge)?

Access period or not, your young offender record is not accessible by anyone outside of the requisite authorities. Those youth laws are in place for a reason and anything on that record can't be used to discriminate against you for the purposes of employment or in your case, school.

Here's an example for you that will make you feel better. If you committed an offense when you were 17, the day you turn 18, that offense can't be used against you. Even the courts can't use that information against you if they were prosecuting you for an offense committed as an adult.

Anyway, I would not worry about anything at all, it won't show up on your CPIC and even if it did, it can't be used to discriminate against you.

Edited to add: The firm performing your clearance check wouldn't be able to go before a judge anyway, so I'm not sure why you would be worried about that

[christ345]

thanks!

[christ345]

quick update. did a background check on myself through backcheck.net. they do a name/DOB search through RCMP (i think this is called a level 1 check). my results came back as the following:


"(1) Completed – Clear:
Based solely on the name(s) and date of birth provided, a search of the National
Criminal Records repository maintained by the RCMP did not identify any records for a
person with the name(s) and date of birth of the applicant. Positive identification that a
criminal record may or may not exist at the National Criminal Records repository
can only be confirmed by fingerprint comparison. Not all offences are reported to the
National Criminal Records repository. A local indices check may or may not reveal
criminal record convictions that have not been reported to the National Criminal Records
repository"

i spoke to the background checking company being used, and they told me basically this..the background check is a Level 1 check. if there is a possible criminal record found, you will then be required to submit fingerprints. so, looks like all is good.

thank u everyone who helped answer my questions