Can Employer Ask Me About My Criminal Record in Ontario?

If you're applying for a job in Ontario, you might wonder whether employers can ask about your criminal past. The answer is: it depends — on the type of information they want, the nature of the job, and how your record is classified. This article breaks down when these questions are legal, what rights you have, and how to respond.

What Employers Are Legally Allowed to Ask

Employers in Ontario are generally permitted to ask if you’ve been convicted of a criminal offence for which you have not received a record suspension (previously called a pardon). If you have a record suspension, you’re not legally required to disclose the offence, and the employer cannot ask about it.

Employers can legally decline to hire you based on an existing criminal conviction, unless the record has been suspended.

What They Usually Cannot Ask

Most employers cannot:

• Ask about provincial offences, like speeding or careless driving (these are not criminal offences and do not form part of a criminal record).

• Ask about youth criminal records, unless they are a government agency permitted to do so.

• Ask about crimes you were charged with but not convicted of, or about being questioned or detained by police.

Employers also cannot access your youth record unless permitted by law, and you’re not allowed to share it while it is still open.

What If the Job Involves Trust or Safety?

Some positions involve working with children, seniors, or vulnerable people. In these cases, the employer may request a vulnerable sector check — a more detailed background review.

A vulnerable sector check can include:

• Convictions for specific offences (even if you received a pardon)

• Charges where you were found not criminally responsible due to mental illness

• Certain non-conviction records (like dismissed or withdrawn charges), but only if they meet strict legal criteria and relate to vulnerable persons

The law allows this only when it’s truly necessary for the job and where the employer is responsible for the well-being of vulnerable individuals.

Three Types of Police Record Checks

If an employer requests a background check, they must get your written consent. Ontario law recognizes three main types of checks:

1. Criminal Record Check

   – Includes only convictions that have not been pardoned

   – Excludes summary convictions over 5 years old

2. Criminal Record and Judicial Matters Check

   – Includes the above, plus conditional/absolute discharges, outstanding charges, and certain court orders

3. Vulnerable Sector Check

   – Includes all of the above, plus specific non-conviction information

   – Applies only if the job involves authority or trust over vulnerable people

By law, you must be allowed to see the results first and decide whether to share them with the employer.

What If You Don’t Consent?

You are not legally required to consent to a police check. However, if you refuse, the employer can choose not to hire you. If you’re concerned about what might show up, you can request to review the results before deciding to share them.

Can I Challenge or Limit What’s Shared?

Yes. If a vulnerable sector check includes non-conviction information, you can request a reconsideration within 45 days. This lets you challenge the inclusion of sensitive details that may unfairly affect your chances.

You may also be eligible to apply for a record suspension through the Parole Board of Canada, but there are strict timelines (5 to 10 years after sentence completion) and legal requirements to meet.

What to Do If You're Concerned

If you’re applying for a job and worried about your criminal history:

• Ask what kind of check will be required

• Clarify what information is relevant to the job

• Consider requesting a meeting to explain your record

• Speak to an employment counsellor for guidance

• Get legal advice if you believe you’re being treated unfairly

Conclusion

While employers in Ontario can ask about some criminal history, the law strictly limits what they can request, when they can request it, and how the information may be used. Understanding your rights can help you apply with confidence — and protect yourself from discrimination.

If you’ve been denied a job or treated unfairly because of your police record, or need to apply for a record suspension/pardon. contact Situ Legal Services. We can help you:

• Understand what information your employer can legally request

• Respond to police check requirements

• File a complaint if your rights were violated

• Erase your criminal record

👉 Book a consultation today and get trusted guidance on protecting your employment rights in Ontario.