Can an employer ask me if I have a police record?
Question & AnswerCan an employer ask me if I have a police record?
Learn about record checks any employer can get
There are 2 types of police record checks that any employer can ask you to get.
- a criminal record check
- a criminal record and judicial matters check
The law says what kind of information a check can include.
Criminal record check
A criminal record check shows only crimes that you were convicted of in court.
It can’t include:
- any that you got a for
- summary offences if you were convicted more than 5 years before the employer asks for the check
Criminal record and judicial matters check
A criminal record and judicial matters check can include the information that’s in a criminal record check. It can also include information about:
- any crime that you got an absolute discharge for, unless you were sentenced more than one year ago
- any crime that you got a conditional discharge for, unless you were sentenced more than 3 years ago
- criminal charges or warrants for your arrest that are outstanding
This type of record check can also show court orders made against you. But it can’t include certain types of court orders, for example:
- an order that you have a psychiatric examination when you’re in custody charged with a crime
- an order that you have an assessment of your mental condition when you’re charged with a crime
- an order that relates to a charge that was withdrawn
- a restraining order