What Can An Employer See On A Criminal Background Check

Imagine that you are about to bring on a new staff member. On paper, everything seems perfect: a strong resume, a great interview, and outstanding recommendations. Before you make the final choice, though, you want to make sure there are no surprises. A criminal background check can help you with that.

In Canada, a criminal background check is a standard part of the recruiting process. It assists businesses in making well-informed choices, safeguarding their workplace, and making sure they are employing the best candidate for the position. However, what precisely appears on these checks? More significantly, what can a Canadian criminal background check reveal to an employer?

In this article, we’ll tackle everything you need to know as an employer, or even as a job applicant, about criminal background checks in Canada. We’ll go over the types of checks that are available, their role in the hiring process, their legal limitations, and what’s included. We will also discuss industry-specific standards such as vulnerable sector screening, candidate consent, and privacy issues.

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What Can an Employer See on a Criminal Background Check?

In Canada, what an employer can see on a criminal background check varies, and it particularly depends on the type of check performed. Employers typically use these checks to confirm whether a candidate has a criminal past that might affect their suitability for a role.

A standard criminal background check may reveal:

Criminal convictions from the national repository of criminal records, maintained by the RCMP.
Outstanding charges or warrants, depending on the jurisdiction.
Court records that are publicly available.
Convictions under the Youth Criminal Justice Act (although these are usually sealed after a certain amount of time).
Summary and indictable offences that have not been pardoned.

Importantly, not all criminal record information is automatically visible to an employer. Certain documents are restricted because of provincial legislation, privacy laws, or because they have been pardoned or sealed.

Types of Criminal Background Checks in Canada

Different industries and roles require different levels of screening. Here are the most common types of record checks:

1. Name-Based Criminal Record Check

A name-based criminal record check uses the applicant’s name and date of birth to search and find in the Canadian Police Information Centre (CPIC) database. Though it might be less accurate if the candidate has a common name, which occasionally necessitates additional verification processes, it’s a quick and economical choice.

2. Fingerprint-based Criminal Record Check

In addition to the kind of criminal record check that depends on the applicant’s name and date of birth, this check also uses a fingerprint-based technique. Positions that need a thorough background check, such government positions, visa applications, or professional licensing, often require this method. Since fingerprints are unique identifiers, it provides the most accurate and reliable verification available.

3. Vulnerable Sector Check

For positions involving working with children, the elderly, or other vulnerable people, a vulnerable sector check is necessary. This check goes beyond a standard criminal record review by including information on sexual offences, pardoned sexual offences, and other convictions that could pose a risk to vulnerable groups. Because of its sensitive nature, it is strictly regulated to protect both the applicants and the communities they will serve.

4. Police Information Check (PIC)

Another type of criminal background check is the police information check which offers a broader review compared to standard criminal record checks. In addition to convictions, it may include local police records and certain non-conviction information, such as charges that did not lead to a conviction. However, the scope of disclosure varies depending on the province and the policies of the specific police service conducting the check.

The Hiring Process: When and How Employers Use Record Checks

Employers don’t usually run background checks at the start of recruitment. Instead, they are used later in the hiring process—often after a conditional job offer. Here’s why:

Fairness – It’s illegal to single out one applicant for a criminal record check while skipping others.
Consent – Employers must obtain written consent before conducting any background screening.
Job Relevance – A criminal conviction alone isn’t always a reason to deny employment. The offence must be directly related to the job’s duties.

For example:

A fraud conviction may be relevant for a banking position.
A minor driving violation may not be relevant for an office-based role.

This approach balances the employer’s need for safety with the applicant’s right to privacy.

Legal Considerations Employers Should Know

Canada has strong protections in place to prevent unfair discrimination during the hiring process. Here are key legal points every employer should understand:

Human Rights Legislation

If a person has a criminal record, employers cannot deny them employment unless the conviction is directly related to the position.
Each province may have slightly different rules, so HR teams must stay informed.

Consent and Privacy

A candidate must sign a consent form before any background check.
Employers cannot share or misuse the information beyond the purpose of hiring.

Accuracy and Transparency

Applicants are entitled to request a copy of their background check results.
If errors are found, they have the right to correct them with the RCMP or local police.

Industry-Specific Requirements for Background Screening

Certain industries require more rigorous checks due to the nature of the work. Employers should perform a background check that goes beyond basic records and tailor the process to match their industry’s risks and responsibilities.

Healthcare and Education

In these sectors, vulnerable sector checks are standard because employees often work directly with children, patients, or the elderly. This helps ensure candidates have not been convicted of offences involving violent behaviour or other crimes that could put vulnerable groups at risk.

Finance and Banking

Employers in this industry must take extra care to verify whether an applicant has a criminal history involving fraud, theft, or financial misconduct. A strong background check process helps protect both the company and its clients.

Transportation and Logistics

Roles in this field may involve reviewing driving records and checking for provincial offences. Employers also need to perform a background screening to ensure drivers or logistics staff have not been convicted of serious violations that could impact safety.

Government and Security Roles

These positions often require fingerprint-based checks and, in some cases, international verifications. Employers in this field may also look closely at employment history and any past incidents of violent behaviour to maintain high levels of trust and security.

Employers should always tailor their background screening process to match their industry’s risks and responsibilities while making sure it is conducted legally and fairly.

The Screening Process: Step by Step

If you’re an employer planning to conduct background checks, here’s a typical pre-employment or pre-hiring process:

Identify the role’s requirements – What risks does the job carry?
Decide on the type of check – Name-based, fingerprint-based, or vulnerable sector.
Obtain written consent from the applicant.
Submit the request to an authorized police service or accredited provider.
Review the results carefully in the context of the job.
Make an informed decision—considering fairness, human rights, and business needs.

Common Misconceptions About Criminal Background Checks

Even seasoned HR professionals sometimes misunderstand what these checks can and cannot do. Let’s clear up some myths:

Myth: Every offence shows up forever.

Reality: Some records are sealed after a set time or after a pardon.

Myth: Employers can check without consent.

Reality: Consent is always required.

Myth: One conviction automatically disqualifies a candidate.

Reality: Only convictions directly related to the job duties may matter.

Myth: Non-convictions are always visible.

Reality: Disclosure policies vary, and many police services limit this information.

Ready to Take the Next Step?

These days, criminal background checks are an essential component of the recruiting process. Employers need to know what can an employer see on a criminal background check to make fair, informed, and legal hiring decisions. From understanding the types of checks available to respecting privacy laws and tailoring screening to industry needs, the process requires care and compliance. Whether you’re an employer conducting checks or an applicant preparing for one, being informed helps ensure transparency and fairness.