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 vulnerable sector checks
An employer will likely want a vulnerable sector check if you apply for a job where you'll be working with:
- older people
- others who may be vulnerable
The law says who is a vulnerable person. For example, people are vulnerable if, because they're younger or older or have a , they:
- depend on other people, such as caregivers
- are at a greater risk of being harmed by someone they trust or someone who has authority over them, like a sports coach
Who can ask for a vulnerable sector check
For a vulnerable sector check:
- the employer asking must be responsible for the well-being of a child or a vulnerable person
- the employer must be asking because you've applied for a specific job or volunteer position
- the job or position must involve trust or authority in relation to a child or vulnerable person
Like other kinds of record checks, you must consent in writing for the check to be done.
For some jobs, employers must ask for a vulnerable sector check. For example, this applies to certain jobs working with:
- residents in a long-term care home
- clients of an agency for people with developmental disabilities that gets funding from the provincial government
What’s in a vulnerable sector record check
A vulnerable sector record check can include all of the information that's in a criminal record and judicial matters check.
It can include information about convictions for certain crimes that you got a pardon or a for.
It can also include information if you were charged with a and were found to be not criminally responsible because you had a mental disorder. But this information can't be included if:
- the finding was more than 5 years ago, or
- you got an absolute discharge.
A vulnerable sector record check can include what's called “non-conviction” information. This means information about certain crimes, even if you were charged but not convicted.
This information can be included only if:
- the law says that non-conviction information can be given about this crime, for example, crimes that are sexual assaults
- the person you were accused of hurting was a child or a vulnerable person
- there are reasonable grounds to believe that you have what the law calls a “pattern of predatory behavior”, which shows that there's a risk you might harm a child or vulnerable person