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Young Offender

alan_li_13

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I‘ve been charged as a young offender, how will this affect my chances of joining the reserves, or getting into RMC?
 
Wow what an informed well thought out post Danny.

RTC your best bet is call the recruiter and talk to them directly.
 
When you turn 18, you‘re records are sealed.
But, they will know if they so choose to find out that you do have a record. But of what? They won‘t be able to find out.

So unless it is a serious offence. Do not lose sleep over it.
 
Originally posted by rifle_team_captain_13:
[qb] I‘ve been charged as a young offender, how will this affect my chances of joining the reserves, or getting into RMC? [/qb]
As a young offender it should have no effect on you as your record is supposed to be sealed as stated above but what does effect you are your action‘s as an adult!
 
Dano, if the army wants to find out, they can.

CPIC, the police computer, will include young offender information up to 3 years after the last offence, even if you turn 18. If you are charged as an adult, the y.o. info stays on the record.

The only way to get it permanently off is to apply to have the records removed and the fingerprints (if any) destroyed.

That said, IIRC the army application doesn‘t ask for young offender info. The police do, if you apply to join them, and they can definitely find out if you are forgetting to include something.

Your best bet is to be up front, own up to past mistakes and show that you have matured. You will not have any problems in most cases, and a recruiter can tell you right away if the type of record you have will present a problem.
 
I agree Portcullisguy, But it is as simple as, if they‘re going through the trouble of finding out what you did, they must have a reason to.

For instance the interview. If they think you‘re a danger to DND, chance‘s are you‘re never going to get in anyway.
 
Originally posted by Dano:
[qb] When you turn 18, you‘re records are sealed.
[/qb]
A myth. The records stay open as long as they would for any other offence.
 
The only juvenile records that can be considered when you apply to the CAF are those which still have a disposition in effect.

Example, you were charged with an offence at 16 but were given 3 years probation. At 18, there is still a disposition in effect. It will be considered.

Example 2, at 16 you were given a 10 year weapons restiction. At 25 you still have a disposition in effect. It will be considered.

Otherwise a juvenile record is sealed and will not appear on ANY criminal records check. CSIS WILL see it when you apply, but they WILL NOT include it in the report to the CFRC. The policy of the CAF is that they CANNOT consider a juvenile record for which there is no disposition in effect, EVEN IF YOU TELL THEM YOU HAVE ONE.

The exception in the civilian courts where a juvenile offence can be taken into consideration for an adult offence, is if you commit an indictable offence within 3 years of your last juvenile offence. In this instance, all offences falling within that 3 year period may be considered, however other juvenile offences prior to the 3 year period may not be considered.
This exception is not relevent to the CFRC recruitment process.

PS edit, if you apply to the reserves while you are still a juvenile and have a record, then it will affect your chances adversly. The same as an adult applying with an adult record.

Also, sealed records are not a myth. I challenge anyone who has a juvenile record to get a criminal records check done for "advanced caretaker status" or whatever they call it at the police department and find the part where their juvenile record is listed. If you find it, call your lawyer immediately, you have a winning lawsuit on your hands.

"Sealed" does not mean "thrown away" it still exists, and for certain cases it can be brought back into consideration. (ie Sexual deviant cases, murder cases, and other very serious cases where, if the juvenile offence is relevant it can be used against you).
If however your juvenile offence is listed as "shoplifting" it has no bearing on a murder trial, and may not be considered.
Conversely, if you beat someone nearly to death, or shot someone, or tortured animals, or otherwise displayed extremely violent or disturbed behaviour, it will be considered.

The government policy or law if you will, is that a juvenile record may not be used in consideration in normal adult court cases, or for consideration for employment. That includes the Canadian Armed Forces. Simple as that. If you feel your juvenile record has been used against you improperly, then you can sue and you‘d win.

EDIT- here is a quote on the hiring policy regarding criminal convictions juvenile and adult, which was investigated by an outside agency following the Somalia incident. It is from 1993, but I suspect that the policy has remained pretty much the same.
Criminal Records and Recruitment
Even in cases where a pardon has not yet been granted, a previous criminal conviction does not necessarily preclude admission to the CF. However, since hiring for the CF is competitive, past offences do adversely affect an applicant‘s chances of enrolment. Moreover, if sufficiently serious, a criminal record could lead to denial of reliability status (a prerequisite for enrolment) or denial of a security clearance.29 The consequences of a denial or revocation of a security clearance range from various employment restrictions to occupational transfer to release from the CF.30

Use of information about convictions under the Young Offenders Act is carefully controlled. Young offender information is not sent to the relevant recruitment centre. Instead, it goes to the CF Recruitment, Education and Training System headquarters, where the implications of the information for enrolment suitability are assessed. If personnel at the recruitment centre do happen to learn about young offender convictions, they are not permitted to use that information in determining an applicant‘s suitability for enrolment.31
plus
Applicants are asked only about convictions under the Young Offenders Act for which they are currently under a resulting disposition, such as a probation order. Such applicants are not asked for details about the offence itself.17
The numbers represent an index where the source of the information was taken. Much of which came from the recruiters handbook.
 
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