Failed Your Background Check? What to Do Next in Canada

Understanding What Happened

Receiving news that you failed a background check can be stressful and confusing. Before you panic, it is important to understand exactly what happened and what your options are.

Why Background Checks Fail

There are several reasons a background check might not produce the results an employer hoped for:

Criminal Convictions Found

The most common reason. Any conviction for a Criminal Code offence will appear on a standard criminal record check.

Outstanding Charges

Charges currently before the courts will appear, even if you have not been convicted.

Discrepancies in Information

If the information you provided does not match what is found, this can raise concerns. This includes name variations, address history gaps, or employment verification issues.

Database Errors

While less common, errors do occur. Someone with a similar name may have their record incorrectly associated with yours, or old records may appear when they should have been removed.

Your Legal Rights in Canada

Right to Know What Was Found

You have the right to request a copy of your background check results. If an employer used a third-party background check company, that company must provide you with a copy of the report upon request.

Human Rights Protections

Under Canadian human rights legislation, employers cannot discriminate against you based on:

Pardoned Offences

If you have received a record suspension (pardon), employers cannot use that conviction against you. The record does not appear on standard checks, and asking about pardoned offences is prohibited in most jurisdictions.

Irrelevant Convictions

In many provinces, employers can only consider criminal records that are directly relevant to the job duties. A decades-old conviction unrelated to the work may not be grounds for rejection.

Protected Grounds

Employers cannot use background checks to discriminate based on race, religion, sex, disability, or other protected grounds. If a conviction disproportionately affects certain groups, there may be human rights implications.

Provincial Variations

Human rights protections vary by province:

Ontario: Employers can only ask about criminal convictions if they are relevant to the position.

British Columbia: Similar protections, with emphasis on relevance to job duties.

Quebec: Strong protections against discrimination based on criminal record if pardoned or unrelated to employment.

Alberta: Employers may consider criminal records but must demonstrate direct relevance.

Steps to Take After a Failed Background Check

Step 1: Get the Details

Contact the employer or background check company to understand exactly what appeared on your record. Ask for:

• A copy of the complete report
• Specific information that caused concern
• The opportunity to explain or provide context

Step 2: Verify Accuracy

Review the information carefully. Check that:

• All convictions listed are actually yours
• Dates and details are accurate
• No charges appear that were dismissed or withdrawn
• Pardoned offences are not appearing (unless vulnerable sector check)

Step 3: Dispute Errors If Necessary

If you find inaccurate information:

Contact the Background Check Provider

File a formal dispute with the company that conducted the check. Provide documentation supporting your claim.

Contact the Police Service

If the error is in police databases, contact the police service that holds the incorrect record. You may need to provide court documents, fingerprints, or other evidence.

Contact RCMP

For national database errors, the RCMP maintains the Canadian Police Information Centre (CPIC). They have processes for correcting inaccurate records.

Step 4: Gather Documentation

Collect any documents that support your position:

• Court records showing dismissals or acquittals
• Record suspension certificates
• Discharge papers
• Identity documents proving you are not the person with the record
• Character references

Step 5: Communicate with the Employer

If the background check is accurate but you believe you are still the right candidate:

Request a Conversation

Ask for the opportunity to discuss your background in person or by phone. Many employers are open to hearing context.

Be Honest and Direct

Do not try to minimize or hide what happened. Acknowledge the conviction and focus on what you have learned and how you have changed.

Emphasize Relevance

If the conviction is old or unrelated to the job, make this clear. A 15-year-old shoplifting conviction should not prevent you from working in IT.

Provide References

Offer references from recent employers, community members, or others who can speak to your character and reliability.

Common Scenarios and Solutions

Scenario 1: Old Conviction You Forgot About

Many people are surprised by convictions from decades ago. In Canada, criminal records do not automatically expire.

Solution: Check if you are eligible for a record suspension. Depending on the offence, you may be able to apply after 5-10 years from completing your sentence.

Scenario 2: Charges That Were Dropped

Dismissed, withdrawn, or stayed charges should not appear on your criminal record check.

Solution: If these appear, dispute the record with documentation from the court showing the outcome.

Scenario 3: Someone Else's Record

With common names, records can sometimes be incorrectly matched.

Solution: Provide fingerprints to definitively prove your identity. The police can then separate your record from others.

Scenario 4: Youth Record Appearing

Youth records are generally sealed and should not appear on adult background checks.

Solution: Contact the RCMP or local police to have the youth record properly sequestered from adult checks.

Scenario 5: Pardoned Offence Appearing

Record suspensions should remove convictions from standard checks.

Solution: Contact the Parole Board of Canada to verify your suspension is in place, then dispute with the background check provider.

Long-Term Solutions

Apply for a Record Suspension

If you have criminal convictions affecting your employment, a record suspension (formerly called a pardon) may be the best long-term solution.

Eligibility Requirements:

• Summary offences: 5 years after completing sentence (including probation, fines)
• Indictable offences: 10 years after completing sentence
• Good conduct since conviction

Process:

1. Gather required documents (court records, proof of sentence completion)
2. Obtain local police records checks
3. Complete the application forms
4. Pay the $50 application fee
5. Wait for processing (12-24 months typically)

Consider Different Career Paths

Some careers have strict requirements around criminal records, while others are more flexible. If your record is creating barriers:

• Research industries known for second-chance hiring
• Consider entrepreneurship where you set your own requirements
• Look into social enterprises and non-profits that specifically employ people with records
• Explore trades and sectors with labour shortages

Build Your Credentials

While working on your record issues:

• Pursue education and certifications
• Build a strong work history with available opportunities
• Gather positive references
• Volunteer in your community

Frequently Asked Questions

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

Yes, if the check reveals information directly relevant to the position. However, they cannot rescind based on pardoned offences or convictions unrelated to the job duties in most provinces.

How long does a failed background check stay on file?

The background check itself is not "on file" anywhere. Your criminal record remains until you receive a record suspension or the conviction becomes eligible for removal.

Can I refuse a background check?

You can refuse, but the employer can then choose not to hire you. Background checks require your consent, but that consent is typically a condition of employment.

Do failed background checks affect future employment?

No. One employer's decision does not appear anywhere else. Each employer conducts their own independent background check.

Can I apply to the same company after a failed background check?

Generally yes, though some companies have waiting periods. If you have addressed the underlying issues (obtained a record suspension, corrected errors), you may have better results.

What if the employer will not tell me why I failed?

Request a copy of the background check report directly. Under privacy legislation, you have the right to access information held about you.

Moving Forward

Failing a background check is not the end of your career. Many successful Canadians have overcome criminal records to build meaningful careers. The key is understanding your rights, addressing any errors, and exploring solutions like record suspensions that can help clear your path forward.

If you are concerned about what might appear on your background check, consider running a check on yourself first. This allows you to identify any issues and address them before they affect your job search.