Criminal Record Checks for Employment: What Employers and Job Seekers Need to Know

Criminal Record Checks for Employment

Criminal record checks have become a standard part of the hiring process for many employers in Canada. Whether you're a job seeker preparing for screening or an employer implementing background check policies, understanding how these checks work is essential.

Why Employers Request Background Checks

Legal and Regulatory Requirements

Some industries are legally required to conduct background checks:

• Healthcare (patient safety)
• Education (child protection)
• Financial services (fraud prevention)
• Transportation (public safety)
• Security (licensing requirements)
• Cannabis industry (regulatory compliance)

Risk Management

Employers use background checks to:

• Protect employees and customers
• Reduce liability
• Verify applicant honesty
• Meet insurance requirements
• Maintain workplace safety

Due Diligence

Many employers conduct checks as part of standard due diligence, even when not legally required.

What Employers See on a Criminal Record Check

Included Information

• Summary convictions (minor criminal offences)
• Indictable offences (serious criminal offences)
• Outstanding charges
• Active warrants

Not Included

• Pardoned offences (except in vulnerable sector checks)
• Acquittals (not guilty verdicts)
• Withdrawn or dismissed charges
• Absolute discharges (after 1 year)
• Conditional discharges (after 3 years)
• Youth records (generally sealed)
• Provincial offences (traffic tickets, bylaw violations)

Your Rights as a Job Seeker

Privacy Rights

Under Canadian privacy laws:

• Employers must have legitimate reasons for conducting checks
• You must provide informed consent before screening
• Results should be kept confidential
• Information should only be used for intended purposes

Human Rights Protections

Provincial human rights codes protect against discrimination:

• Employers cannot discriminate based on a pardoned offence
• Criminal history must be relevant to the job
• Blanket policies rejecting all applicants with records may be discriminatory
• Individual assessment is required

The Right to Explanation

If a criminal record affects a hiring decision, you generally have the right to:

• Know what information was found
• Provide context or explanation
• Challenge inaccurate information
• Understand how the decision was made

When Employers Can Consider Criminal History

Employers can legitimately consider criminal history when it's directly relevant to:

The Job Duties

• Financial crimes for positions handling money
• Theft for positions with access to valuables
• Violence for positions involving public safety

The Workplace Environment

• Working with vulnerable populations
• Access to sensitive information
• Positions of trust

Time Since the Offence

Courts have established that older offences may be less relevant, especially if:

• Significant time has passed
• The person has demonstrated rehabilitation
• There's no pattern of behaviour

For Job Seekers: How to Prepare

Before Applying

1. Know Your Record

Order your own criminal record check to understand what will appear. This prevents surprises during the hiring process.

2. Understand What's Included

Learn what shows on a check and what doesn't. You may have less to worry about than you think.

3. Research the Employer

Understand the industry requirements and typical screening practices for your field.

During the Application Process

1. Be Honest

If asked about criminal history on applications, answer truthfully. Dishonesty can be grounds for termination if discovered later.

2. Know Your Rights

You don't have to volunteer information that isn't asked. Many applications only ask about recent convictions.

3. Prepare Your Explanation

If you have a record, prepare a brief, professional explanation that:

• Acknowledges the past
• Demonstrates accountability
• Shows rehabilitation
• Connects to your current qualifications

When Disclosing Criminal History

Do:

• Be brief and factual
• Focus on what you learned
• Emphasize your current qualifications
• Show how you've changed

Don't:

• Over-explain or make excuses
• Provide unnecessary details
• Bring it up before asked
• Seem defensive or bitter

For Employers: Best Practices

Developing a Screening Policy

1. Define Purpose

Clearly identify why background checks are necessary for each position.

2. Be Consistent

Apply the same standards to all candidates for similar positions.

3. Focus on Relevance

Only consider criminal history relevant to the job duties.

4. Allow for Discussion

Give candidates opportunity to explain their history.

Legal Compliance

• Obtain written consent before conducting checks
• Use only information relevant to the position
• Keep results confidential
• Conduct individual assessments
• Document your decision-making process
• Comply with provincial human rights laws

Making Hiring Decisions

Consider these factors when evaluating results:

1. Nature of the offence
2. Relationship to job duties
3. Time since the offence
4. Evidence of rehabilitation
5. Circumstances of the offence
6. Pattern of behaviour (or isolated incident)
7. Age at the time of the offence

Industries with Specific Requirements

Healthcare

• Vulnerable sector checks required
• Registration with regulatory colleges
• Often annual re-checks

Education

• Vulnerable sector checks mandatory
• Teacher certification requirements
• Criminal Records Review Programs

Financial Services

• Background checks standard
• May include credit checks
• Bonding requirements

Security

• Provincial licensing requirements
• Specific disqualifying offences
• Regular renewals required

Transportation

• Transport Canada requirements
• FAST card/NEXUS requirements
• Commercial driver standards

Frequently Asked Questions

How far back do employer background checks go?

Criminal record checks show all convictions that haven't been pardoned, sealed, or otherwise removed. There's no time limit.

Can an employer rescind a job offer based on a background check?

Yes, if the criminal history is legitimately relevant to the position and proper process is followed.

Do I have to disclose a record if not asked?

You're not obligated to volunteer information not requested. However, if directly asked, answer honestly.

Can I explain my record before the check is done?

You can choose when to disclose. Some applicants prefer to explain early, while others wait to be asked.

What if the background check has errors?

You have the right to challenge inaccurate information. Contact the organization that provided the check to dispute errors.

Get Your Criminal Record Check

Whether you're preparing for a job search or responding to an employer request, SafeHire provides fast, accurate criminal record checks. Get your results quickly so you can proceed with confidence in your employment journey.