The majority of people who have criminal records are employed, and many of them are working in careers that are satisfying and rewarding.
But it’s true that having a criminal record can make it more challenging to find a job or move to a new one.
So naturally you might be wondering...
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The bottom line is that it's really up to you.
Choosing to tell an employer that you have a criminal record is a very personal decision. This e-Learning course is designed to help you make the choice that’s right for you.
If the employer plans to ask about a criminal record or require a criminal record check it may be indicated in the job application or job description.
In a job interview, an employer
will do one of two things:
They will ask you if
you have a criminal record,
or they won’t.
Scenario 1
The employer asks you if you have a criminal record during a job interview.
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By law, the employer can ask you during an interview if you have a criminal record, but it must be phrased like this:
"Have you ever been convicted of a criminal offence for which you have not received a pardon?"
An employer may also find out if you have a criminal record if they ask for a criminal background check.
Again, the decision to disclose your criminal record is up to you.
However,
if during an interview, you are asked if you have a criminal record and you refuse to answer the question, your chances of being hired are lower.
Similarly, if you refuse to provide a criminal background check, you are likely not going to get the job.
At this point, you might be thinking that the decision to disclose a criminal record doesn't really feel like a choice.
The unfortunate truth is that this is how the system works.
Scenario 2
The employer does not ask you if you have a criminal record, and does not request a criminal background check.
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In this case, you might be wondering,
"Should I voluntarily disclose that I have a criminal record anyway?"
Again, it's really up to you to decide whether you want to give a potential employer any information about your criminal history.
Making this decision can be challenging.
It's important to consider the pros and cons of disclosing your criminal record, even if you are not asked.
Let's start with some of the disadvantages of voluntarily disclosing your criminal record.
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In general, it is likely that an employer will have a more negative view of you if you tell them about your criminal record.
This view will typically influence the hiring decisions that they make.
Also, there is no law that protects someone with a criminal record from discrimination.
Once employers receive information about a conviction for which you have not received a pardon, by law they can reject your application or dismiss you.
What about the advantages of voluntarily disclosing your criminal record?
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Sometimes an employer might learn about your criminal record after hiring you.
For example, the crime you committed could have been in the news.
Or, perhaps you live in a small community where people know a lot about each other.
Unfortunately,
when employers eventually learn this information, they may dismiss you or withdraw their offer of employment.
In these situations, there may be an advantage to voluntarily disclosing your criminal record during the interview.
Advantage #1
It would let you address concerns an employer might have regarding your criminal history, in advance.
Since they would likely learn about your record eventually, it would be to your advantage to have a positive conversation with them that you could prepare for.
This can help the employer understand that your past won't affect your ability to do the job well, and that you aren't a risk to the company.
Advantage #2
It could possibly build trust between you and the employer.
You may quite simply have decided not to hide your criminal record.
If this is the case, disclosing your record would make sense.
The bottom line is that there is no right or wrong approach to this decision.
You have to do what you are comfortable with.
That being said, we strongly encourage you to weigh both the pros and cons that we have discussed, to help you make a choice that is right for you.
If you choose to disclose your criminal record, in all likelihood, there are two things that you might need to do:
Let's first talk about getting a criminal background check.
There are laws and policies on what information is released on a criminal record.
In Ontario, the Police Record Check Reform Act sets out the three different types of record checks and what is disclosed on each one. For more information, click here.
It is helpful to know what shows up on your criminal record whether or not you have decided to disclose it. For a resource on understanding your criminal record, click here.
Want to test your knowledge and see what you already know about criminal background checks?
Let’s assume you are at a police station requesting a background check; we will make a number of statements and you will need to decide whether you agree or disagree with them.
Now that you have learned about your rights regarding criminal background checks, let's turn our attention to the act of disclosing your criminal record in person to an employer.
In the following section, there will be a number of videos that demonstrate tips and techniques to help you effectively disclose your criminal record.
While these are not hard and fast rules, they will serve as useful tools to help you have a positive experience.
Mentally prepare by welcoming the question.
The first tip is to welcome the question about your criminal record.
If you choose to disclose your criminal record, it is important that you have a positive mindset to prepare for the conversation.
You may want to practice with an employment counsellor, friend, or family member.
Take responsibility.
So, what does a good answer look like?
The first thing to do is to take responsibility for your part in the mistake or problem which led to your offense.
Briefly explain what happened and why without blaming anyone, denying your role, or dwelling excessively on what you did wrong.
If you regret and feel sorry for what happened, it can help to say this as well.
Paint a New Picture.
So after disclosing that you have a criminal record, it's time to show the employer how your life has changed for the better.
Share what you are doing today or what you have done to communicate that you won't make a similar mistake again.
For example, you can talk about how you have become a parent, have a new group of friends, or have gone back to school.
End with a positive - Tell them what you can offer.
It's great that you've taken a negative situation and neutralized it, but don't stop there.
You should take some time to highlight all the positive things that you can offer to the employer.
Be confident and point out why they should hire you and give you an opportunity.
If you have good references that will speak highly of you, be sure to let them know that you can provide them.
We have some final things to recommend that can help you.
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1
If you initiate the conversation about your criminal record, ensure it is not the very first or very last thing you share.
If you bring up your criminal record at the start of the conversation, it could make a bad first impression.
If you bring it up right at the end, it could make a bad last impression.
If you are in a structured interview, try to find an opportunity to bridge the conversation to discuss your criminal record. If you don’t get a chance to bring it up until the end of the interview, make sure to end off on a positive note.
2
Watch your body language and try to be relaxed, friendly, and confident.
If you seem too nervous or uninterested, the employer may think you’re hiding something or not telling the truth. Ensure your response is sincere and genuine.
3
Watch the words you use when you describe your criminal record.
Don't use slang, or words that might scare off an employer.
For example; instead of saying that you punched someone, you could say that you were involved in a physical altercation.
Finally, after you disclose your criminal record and leave the meeting,
it's really up to the employer to decide whether they want to hire you.
If you follow the tips and techniques we have taught you in this e-Learning course, it is quite possible that an employer will hire you even if they know that you have a criminal record.
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Here’s what could happen.
Mentally prepare by welcoming the question.
First, have a positive mindset to prepare for the question.
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Take responsibility.
Second, take responsibility for your part in the mistake or problem which led to your offense.
Be concise and don't dwell excessively on what you did wrong.
Paint a new picture.
Third, paint a new picture of how your life has changed for the better.
End with a positive - tell them what you can offer.
Last, end with a positive.
Take some time to highlight all the positive things that you can offer to the employer.
That’s it.
Hopefully you now have a better idea about how to make an informed decision about disclosing a criminal record. And that if you choose to disclose, you will know how to prepare for and have a positive conversation with a potential employer.
Thank you for completing this e-Learning course!
This e-Learning course was adapted from the e-Learning course created by John Howard Society of Kingston & District, in partnership with the City of Toronto.