Updated December 27, 2021
There is a lot of conflicting advice on the Internet about whether or not you need to disclose a record to an employer during a job search. The best advice is that you don’t need to disclose anything unless asked.
If the employer is asking about your criminal record, this means that they have decided that either it is relevant to the job or that some types of records would be relevant to the job. If you volunteer information that they didn’t ask about, you could put them in an awkward position, as they would then have to decide if it is relevant. The employer is interested in your resume because you have the skills they need, so if it doesn’t come up, you shouldn’t volunteer it.
The exception would be if it actually would benefit the organization to have a person with lived experience in the role. An example, would be a peer counsellor working with ex-convicts or persons recovering from addiction. However, these opportunities are limited. It’s more likely that your record is not relevant to most positions in your job search.
During the job search
When you are applying for a job, you will know in advance if the employer is going to conduct a criminal record check. Often, they will state this in the employment listing. This is because they need to obtain consent from you. If they are planning to conduct a criminal record check, you should advise them about your record. The best time to do this is during the interview. Be brief and calm about it, acknowledge the mistake, and turn the discussion back to your job qualifications. You may want to talk about specific things you did to improve yourself after the arrest.
When you conduct the criminal record check, you can disclose your offences and it will be confirmed by the record check. This will help your check to come back faster.
Despite your best efforts, you could still be turned down. Rejection is part of everyone’s job search. Try not to take it personally.
Record checks of existing employees
Maybe you have been in a position for a few months or even years, when the employer decides they need to do record checks. This might be for insurance purposes, an initiative by a new manager or the employer may simply have decided to do it for business reasons. In this situation, the employer will also need your consent. Once you learn about the check, you can request a meeting with the appropriate manager to tell them about your record.
Some online articles say that the employer can claim that you lied when you didn’t voluntarily disclose your record earlier. However, the best practice in Canada is only to consider offences relevant to the position, and also to consider the amount of time that has passed since the conviction. You should emphasize during your meeting that you’ve moved on from the offence and highlight the ways in which it is not relevant to the work you have been doing.
Travelling
If your job requires you to do any sort of international travel, you may need to reveal a record, especially if you were unprepared and didn’t have a waiver in place. You can avoid having to disclose your inadmissibility to the US by applying for a US Entry Waiver well in advance. It takes about one year to get a first-time waiver. Policies for other countries will vary. If you know your employer does a lot of business in a certain country, find out their entry rules so that you can be prepared.
Pardoned or suspended records
In Canada, you may have a record that has been pardoned or suspended. In federal agencies and in many provinces, it is contrary to human rights legislation to take into consideration a record that has been pardoned or suspended.
Instead job applications will ask questions such as, “”Have you ever been convicted of a criminal offence for which a pardon or Record Suspension has not been granted?”
If you have a pardon, the correct response is ‘no.’ Your record will not show up during the background check. The only exception is a Vulnerable Sector Check, which is only for people working with children or adults who are vulnerable due to age, disability or illness. In that case, only certain types of records can be revealed.
In some provinces, employers can legally ask broader questions such as “Have you ever been convicted?” In that case, it would be lying to say no even if your background check comes back clear.
You may need to disclose your record in that case, but mention your pardon as well.
Do arrests show up on criminal background checks?
If you have been arrested, but not convicted, your arrest could show up on a background check. You should visit your local police detachment and do a police information check to see if anything is disclosed. If so, you should ask for an expungement. The police force does not have to agree to expunge your record.
A police information check is the type of record check that might bring up non-conviction information. This could include police orders, peace bonds and warrants. It could even bring up mental health information if the police ever responded to a crisis call or you were found not guilty of a criminal offence due to a mental illness. Recently, there has been more awareness raised about this and some police departments are careful not to release mental health information. However, they could release other types of information.
A vulnerable sector check is another area where arrest records might turn up. If they do turn up, they won’t be released unless the reviewing officer determines that it is related to the safety of children or other vulnerable people. This could be related to violent or sexual offences.
If you don’t want to pay for a background check, you could also make an Access to Information request, but it may take longer.
What is included in a criminal background check?
What’s included on a criminal background check will depend on the type of check requested. A record check can disclose:
- Convictions that have not been pardoned or suspended
- Any absolute or conditional discharge that has not be spent (These will be removed automatically after one or three years.)
- Warrants
- Outstanding or pending charges
- Peace bonds and restraining orders
- Any kind of police contact even if you weren’t charged
If you think there is something turning up in a criminal record check that you don’t think should be there (such as a dropped or withdrawn charge), you can ask the police to remove it. However, they don’t necessarily have to agree.
If you are applying for a job working with children or vulnerable adults, some types of violent or sexual offences could be revealed.
What is a background check for employment in Canada?
Before an employer hires a candidate, they may do a background check. This could include verifying the information you provided about your work history, education and qualifications, checking references and conducting a credit and criminal record check. The employer will need your permission to access your criminal record. They may also ask for your driver’s abstract if the job requires it.
What do they look for in a background check?
A background check can include a criminal history check and any other confirmations that are required. The employer may check to see if you worked the dates you claim you worked or have the diplomas and degrees that you list. They are looking to see if your resume and application are honest.
In Canada, a criminal record check will reveal any types of convictions that you have received in the past. However, the employer may only look at convictions directly related to employment. If you are an accountant and your record includes a DUI, you may still be hired. However, if it comes back with a fraud charge, this would be a problem.
Society carries a lot of stigma toward criminal records. You may be turned down even if your record is not relevant. This is why it is a good idea to get a Record Suspension for work in any industry.
If you are looking for a job that involves driving, employers will likely request your driver’s abstract. This will reveal accidents, provincial driving offences, and any criminal driving offences such as dangerous driving or DUI.
They can also check social media profiles and credit reports, so try and clean up any problem areas if possible. Under some provincial privacy laws, the employer must demonstrate that the credit check is related to the job.
How far back can an employer do a criminal background check?
When checking a potential employee’s criminal record in Canada, there is no limit to how far back an employer can go.
Employers are encouraged not to worry about convictions that are well in the past; however, technically they can consider them in most cases. The best way to avoid this is to apply for a Record Suspension that will permanently seal a criminal record. The wait times to apply for a Record Suspension are five years for a summary offence and 10 years for an indictable offence.
How do employers do a background check?
Some employers will contract a third-party company to do a background check. After getting your permission, they could proceed in one of two ways:
- They submit your personal information.
- They ask you to go a specific company site and enter your information.
Alternatively, they may ask you to go through the local police department. Depending on the job, you may be asked to do a name-based check or a fingerprint check. If you do a name-based check your results may be available within a day. If you do a fingerprint check, your fingerprints will be sent to the RCMP in Ottawa for a search of the national database of criminal records. This can take some time.
If you have a criminal record, you can declare it before you submit your background check. In this case, the check will just confirm your information.
If your name-based check comes back as not clear, you may need to submit your fingerprints anyway to find out what’s on your record or to rule out any matches that may have come up between you and someone with similar personal information.
Some police departments have online record checks that work in a similar way to what is provided by third-party services. If not, you’ll have to go to the police department in person.
Many employers will pay for your background check. However, some will require you to pay. It can cost anywhere from $25 to $75 to get a background check in Canada.
How does a background check verify employment?
A background check to verify employment is different from a criminal record background check. In this type of check, the employer will call around to your past employers. They will verify the information listed on your resume, such as dates of employment and duties.
They may also ask the employer questions about their impressions about you and how successfully you functioned on the job. They may ask about any problems you encountered on the job. If your record had anything to do with your employment or you were fired due to an arrest, it could come up here.
An employment verification check is usually done after they have decided that you are a good candidate for the position. If you think anything negative could come up during your employment verification, you should discuss it during the interview.
Due to Canadian privacy laws, most companies will ask your permission before calling a past employer. At this stage, you might need to explain why you don’t want them to call because not doing so could raise suspicions.
If your employment ended poorly, you may want to ask for a letter confirming dates of employment, job title and duties to confirm the truthfulness of your resume. You can then provide this letter to potential employers. Another option is to ask a coworker for a reference rather than a supervisor.
If you were out of work due to incarceration, don’t try to pad your resume to cover the gap. If the gap becomes a major issue, you may want to explain what happened and how you have changed since that time. If you did any courses or work programs while incarcerated you can add these to your resume.
How do employers check your work history?
The employer will likely call your references. You should give the people that you listed notice so that they can think about what they want to say. When the employer speaks to your references, they may ask about dates and duties, but they are probably more interested in learning more about you as an employer. For example, they could ask how well you interacted with clients or other employees.
Job hunting with a criminal record can be stressful. If you need help sealing your record so that you can apply for positions with confidence, contact us today for a free consultation at 1-866-972-7366.