Many Canadians’ criminal background is a barrier to finding employment. Regardless of the nature of the crime or how long ago it took place, many employers are quick to dismiss job candidates who disclose their criminal records. It can be disheartening to struggle in the labour market for something you’ve done in the past and for which you’ve already served your time, and maybe even been pardoned.
This article will shed some light on the potential situations you may find yourself in as a job seeker during the hiring process and give you some helpful tips on breaking through barriers to find meaningful, fulfilling employment. Let’s dive in.
Applying for jobs in Canada with a criminal background
Unfortunately, the stigma and prejudice against people with criminal records can be very real.
Provincial Human Rights Acts vary across Canada, and your protection against discrimination based on your criminal record for employment purposes will be different depending on where you live. It’s always important to know your rights, so we recommend that before you embark on your job search, you do some research on the employment legislation in your province of residence. That way, if an employer asks or does something they shouldn’t, you’ll be prepared.
In Canada, your criminal record doesn’t disqualify you from the majority of jobs. There are some exceptions: a clean record is required for federal government positions, high-level financial and banking positions, and jobs that involve working with children and other vulnerable groups. Most of the time though, if a clean record is a pre-requisite to the job, it will be listed as such in the job description.
If you have a record and you’re looking to improve your odds of landing a job, try to consider how your conviction will be perceived in the context of the job or industry you’re applying for. For example, if you have a history of theft, you might run into challenges finding a job in a retail environment or getting a position where you’ll be handling cash regularly. In this scenario, you might try seeking employment where employers won’t see any threat related to your previous crime. For example, you might apply for a call centre or help desk role.
When a job application asks if you have a criminal record
Situation: Let’s say you’re interested in a job, but the application asks whether you’ve been previously convicted of a criminal offence.
This is a tricky situation for a job applicant. If you’re truthful and check the YES box on an application, there’s a chance your candidacy will be over before it even started. If you check NO, you’d be lying, which is generally not a good idea for your career prospects since you can get laid off for lying during an interview.
On the application, you might consider doing one of two things:
- Leave the criminal record question blank but complete and submit the rest of the form. If you do this you might have a better chance of getting past the initial screening phase. During the interview, you’ll have the chance to disclose (if you choose to) your record on your terms, with a proper explanation and a real person (instead of an anonymous piece of paper) behind it too.
- Be truthful and check YES on the application. Next to the YES box, write a short message that says, “I’d like to discuss this in person or over the phone.” This way, the interviewer might be more willing to reach out and give you the opportunity to offer your side of the story.
When your employer asks if you have a criminal record
Situation: You complete a job application that doesn’t ask about your record and you land an interview. During the interview, you get asked whether you have a record.
Employers can ask about previous (unpardoned) criminal activity in an interview. Some employers may even ask for a background check to be submitted.
So, what do you do when it happens?
First off, know that voluntarily disclosing your criminal record is your choice. It’s also up to you whether you agree to have a criminal record check done. An employer can’t have a police check done without your consent.
That said, if you decline to respond or refuse to get a police check as a job candidate, you can bet it probably won’t be viewed favourably.
We don’t recommend lying about your background in an interview setting, either. If the employer gives you the job and then finds out you were lying during the hiring process, it’s fair grounds for your dismissal. It’s much better for your boss to hear about your record from you instead of another source, whoever or whatever that source may be, and whenever it may happen.
So, if refusing isn’t a great option and lying isn’t a great option, it may seem like disclosure is your only option. Although it’s worth reiterating that sharing your record is 100% your choice, it’s also true that when you’re asked outright, the only viable choice to make if you want to maximize your chances of getting the job is to disclose it.
If you’re willing to do that, the best approach to take is an honest explanation with a forward-looking perspective. Admit fault to what you’ve done without going into too much detail (they don’t need to know every detail about what happened). Be contrite and explain what you’ve learned and how you’ve changed. To end on a positive note, focus on the time that has passed and/or the positive things you’ve done and achieved since your conviction.
When your employer doesn’t ask if you have a criminal record
Situation: In your job application and interview, no one asks about your past.
Somewhat ironically, NOT being asked about your record is often the most challenging predicament to find yourself in. You have to ask yourself if you want to offer the information about your criminal record freely.
On one hand, deciding to reveal your criminal record may seem like asking for discrimination to happen. On the other hand, an upfront admission could help to show that, by not hiding anything, you’re not a risk to the organization.
It’s not an easy decision to make.
Generally, our recruiters advise honesty as the best policy. If you don’t disclose anything because it wasn’t asked, there’s always a chance of awkward situations and potential repercussions down the road. Maybe your hiring manager will find out from your references. Or perhaps a parole officer will call your HR department. Keep in mind that if an employer is going to find out about your record, it’s best they should hear it from you first.
If you decide to disclose your criminal record voluntarily
If you decide that the best move for you is to disclose your record voluntarily, make sure you have something prepared to say.
Practice explaining your past crime in neutral, calm language. Keep it simple. There’s no need to over-share. If you were charged with assault, for example, you don’t have to describe precisely what happened. Simply say that you were involved in a physical altercation and move on. If you think it will help, you may consider elaborating on the crime to give some context. For example, there are several types of assault charges. If yours was minor and didn’t cause physical injury, it might be beneficial to share that information, too.
Concentrate on the positive outcomes that have happened after the charge. Let’s say you were charged with property damage. Since then, you’ve volunteered regularly for the community doing things like graffiti removal and city clean-ups. Volunteer work is an excellent thing to bring up that can re-write your story in a hiring situation.
Finding employment with a criminal record
Searching for a job with a permanent criminal record isn’t easy. The good news is, we’re in a candidate-driven labour market right now and Canadian employers need new hires more than ever!
If you’d like assistance on your job search, reach out to our recruiters. Our recruitment team has connections with hundreds of premier Canadian employers. We can increase your odds of finding (and landing) the perfect career opportunity for you.
Get in touch with us today! For more great employment-related content, check out our other blogs!