SOCIAL: PROPOSED POLICY CHANGES/ CRIMINAL RECORD EXPUNGE

SUBJECT:  CRIMINAL RECORD EXPUNGE

PURPOSE:  This briefing note is a recommendation for changes in policy pertaining expunging criminal records every 20 years.
ISSUE:  There is too much restrictions on the expunging of criminal records.  

Background:


Currently in Canada, if you are a person under the age of 18 and commit an offense as per the Criminal Code, depending on the offense, this person’s record becomes expunged or destroyed once they turn 18.  This is done to protect the confidentiality of the youth as per the Youth Criminal Justice Act.  These records are not accessible to the public.  The reason that these records are destroyed is because it helps to reintegrate youth to society and also the fact that these youth are not old enough to make rational decisions.  The youth have the opportunity to redeem themselves as consenting rational adults after they become 18.  Through this, the justice system believes that once you are an adult, you are a capable person that is competent enough to make legal decisions.  However, according to medical research, the brain doesn’t fully develop until mid 20’s.  Therefore, it is an issue that those whom are 18 are not yet full adults.  Are they capable to make legal decisions?  


Once an adult the criminal career starts, if a person does crime past the age of 18.  This is documented via the Criminal Justice System wherein the person will ascertain a criminal record.  The Criminal Justice System prosecutes these people for the rest of their lives.  Meaning that the crime they commit when they are 19 can have implications even though they are well beyond 40.  Is it fair that these people have to perpetually suffer for an error in judgement they had committed in their early adulthood?


Considerations:


Crime is defined as an act committed which is in violation of the law.  The Criminal Code dictates which crimes are punishable under the Criminal Justice System.  Through this system criminals are prosecuted for their crimes which go against society and evidently the queen.  These criminal acts are also considered antisocial and thus they disrupt the everyday lives of citizens.  Crime shouldn’t be taken lightly as lives and peoples livelihoods become jeopardized.  According to recent statistics the crime rate in Canada was 5488 reported incidents to 100000 people in 2018.  There were over 2 million Criminal Code incidents excluding traffic offenses at that time.  


The most common crimes include theft under $5000, mischief, administration of justice offenses, assault level 1, and break and entry.  Police reported that young adults aged 18 to 24 have the highest rates of criminal offending when compared to other age groups.  Police also reported that in 2014, crime rates where the highest among these young adults at 5428 per 100000 young adults, followed by youth aged 12 to 17 at 4322 per 100000 youth.  Police also reported that males are more likely to commit crime than their female counter parts.  It is also reported that among the Organization for Economic Co-operation and Development that Canadians are among those who feel the safest.  According to 2014 GSS on Canadians’ Safety (Victimization), the majority, specifically 88% of Canadians reported that they were satisfied with their personal safety from crime. 

Options:  


Option 1:  Expunge after every 20 years


This option is very feasible however it remains to be seen how the public would react to such policy change.  Will Canadians feel safer?  This option gives these past criminals equity, the equity that each and every citizen is entitled to under the Canadian Constitution.  These people are the only group or demographic that have a lack of people fighting for their rights as citizens.  Giving them an opportunity to redeem themselves through expunging every 20 years would allow them to reintegrate into society.  It really is not fair that these people suffer for the remainder of their lives as a result of a error in judgement that had twenty years ago.   Twenty years is a significant amount of time in order for people to change.  When in discussion about expunging, we are referring to minor crimes and not the serious types of crimes.  Therefore, crimes such as property crimes, level one assaults, mischief and etc. all are the minor offenses that we propose to be expunged.  The serious crimes such as homicide, should however remain in a Criminal Record for the sake of public safety.  


Option 2:  Change legal age to 21


As specified earlier in this briefing note, we had mentioned that according to medical research peoples brains don’t fully develop until the mid or early twenties.  This is because these people are still growing up to become adults.  Through this, they may have lapses in judgement.  This is no more evident in that the police reports mentioned herein.  Lets reiterate the statistics, so we can get a better understanding of what the youth are doing.  In 2014 police reported that crime rates were highest among young adults ages 18 to 24 followed by youth ages 12 to 17.  It is these people that are still being socialized in the community.  They are very impressionable and a lot of factors come into play when in consideration of their development.  We must consider that these people are not fully aged to make legal decisions because they haven’t fully developed.  This option seeks to give this demographic equity, in that they are still considered youths at the age before 21.  This policy also suggest that the first expungement occurs at that age.


Option 3:  Both


This option is also very feasible however, a lot of changes would be relative to this option being selected.  Such as the legal age for driving, the legal age for alcohol and tobacco consumption, the legal age for obtaining a credit card and etc.  amongst all the relative policy changes that may or may not occur as a result of selecting this option.  Expunging the records every twenty years, as mentioned earlier could have a significant impact on how Canadians would feel about their safety within their community.  Would they feel safer?  Would the youth commit more crime?  These are the questions policy makers have to ask themselves when thinking about the feasibility of such policy to be implemented.  How would crime rates be affected with relative interest to such policy change?


Option 4:  Status quo


Maintaining the status quo is the most feasible option.  The old saying goes, if its not broke, than don’t fix it.  Canada already has low crime rates and as per the surveys mentioned herein 88% feel safe in their communities.  Therefore, we can speculate that there would be high public support for this option.  However, this public support goes against the principles of equity.  These former criminals need an opportunity to reintegrate into society.  If we do nothing, these people who already lack the support they need to make effective changes in their lives wont receive the equity that they can have the opportunity to redeem themselves.  


Recommendation:


Option three is recommended.