• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kissinger HR Services

Human Resources Consultants

  • Home
  • About Us
  • Advice
  • EMPLOYEE RELATIONS
  • HEALTH & SAFETY
  • COVID 19 Supports
  • ASK US
  • Courses
You are here: Home / Blog / The Truth About Criminal Records Checks

Blog, Hiring and Recruiting · 20 June 2017

The Truth About Criminal Records Checks

At a recent conference that I attended, there was some discussion regarding the use of Criminal Record Checks and how or when the employer is permitted to use the information contained in the report.

It was suggested that some employers use the Criminal Record Check (CRC) information to “justify” not hiring a candidate for a position. This is something that must be considered carefully as the employer could be infringing upon the candidate’s Human Rights.

Some things to consider:

  1. The CRC should only be requested when there is legitimate concern or “bona fide occupational requirement” to do so. For example,
  • employees who work with children or other vulnerable people in the community (home care, social or case workers, teachers or similar occupations);
  • employees who handle large volumes of cash or are primarily responsible for the company’s financial transactions; or
  • other positions of trust.
  1. If the candidate’s criminal record does not contain unpardoned convictions, then the history cannot be used in the hiring decision. Being arrested but not charged means that the person has no criminal record, as far as the hiring process is concerned.
  2. If those unpardoned convictions do not relate directly to the job being applied for, you cannot consider the criminal history when making the hiring decision. Again, someone with a fraud or theft conviction would not be allowed to work with money or inventory, but they could work with children or other capacities that don’t involve financial impact or money.

Essentially, if they can justify the need for the Criminal Records Check, then employers are permitted to ask for them. But be careful how you interpret the information.  Everyone has had moments in life that they regret.  We cannot unduly restrict someone’s ability to earn a living just because they made a mistake or two.  You might accidentally pass up an opportunity to hire an excellent employee!

Share this:

  • Twitter
  • Facebook
  • LinkedIn

Filed Under: Blog, Hiring and Recruiting

Previous Post: « Employer Obligations – Layoffs due to Wage Increases
Next Post: Clarification on Commute vs Travel for Work »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Recent Posts

  • Pandemic Demonstrates Need for Basic Income Program
  • Changes to ESA Effective Dec 17 2020
  • 2021: The Year of Adaptation
  • Have Your Say on Local Transportation!
  • WSIB’s Health & Safety Excellence Program Offers Funds for Compliance

Footer

About:

Privacy Statement
©2021, Kissinger HR Services
All Rights Reserved.

Connect with us:

  • Facebook
  • LinkedIn

Member of The Brantford-Brant Chamber of Commerce

Contact Us:

519.756.0989
Kissinger HR Services
24052-185 King George Rd.
Brantford ON
N3R 7X3

Silver 6 Media webdesign