Having a criminal record can cause an individual a lot of issues with their day to day lives, one area that can be especially hard to navigate is obtaining or maintaining employment with a criminal record.
Criminal Record Checks
A criminal record check is a method that can be used by to verify the criminal activity of a particular individual.
There are three different levels of criminal record checks available in Ontario through local police services related to employment, these are:
- Criminal Record Check (CRC)
- Criminal Record and Judicial Matters Check (CRJMC)
- Vulnerable Sector Check (VSC)
Some industries require higher level checks to be conducted compared to others. For example, the Health Care and Education industry both do a lot of work with vulnerable people, and so extensive checks must be conducted before a person can work for an employer in these sectors.
This is in contrast to a sector such as construction, where employers usually are not required to conduct such extensive and expensive criminal record checks for hiring.
Depending on how stringent the sector of employment is, it may require employers to have ongoing checks into employee criminal records, others may only be required for hiring, and others may not require any criminal checks at all.
Can I be turned away or fired from a job if I have a criminal record?
This is a complicated answer because there may be different answers depending on what sector is being talked about.
For example, a lawyer must have a license to practice law in Ontario. Obtaining a criminal record may disqualify an individual from having the necessary good character requirement for licensing, and without being licensed a person cannot work as a lawyer.
An example with more grey area is the financial industry. Some jobs require that employees be bonded (insured) in order to be able to handle the type of funds in the course of their employment. Having a criminal record may make it harder or even impossible for that to happen and so it may preclude a person from working in that industry or cause them to lose their job.
Across the vast majority of employment opportunities, having a criminal record alone should not be a reason to be decline a job, or should be used a reason to lose a job an individual already has. However, employers may be justified in such action if there is a nexus between the criminal conviction and the job itself.
For example, if an individual has been convicted of multiple driving related offences under the Criminal Code, an employer who employees bus drivers may use this as justification for not allowing that person to work for them. There must be a connection between the criminal offence(s) and the type of work being done.
When in doubt about the eligibility for work in or concerns about being terminated from a certain sector due to having a criminal record, it is always recommended that an individual seek the help of a lawyer. As stated previously this question is not one with a clear answer as different sectors look at criminal records differently. Contact us if you have any questions!
