Is it legal for employers to order and obtain criminal record search information?
Yes. A criminal record search may be ordered on an existing or prospective employee when a consent form is signed. In the case of a prospective employee, a criminal record search may be conducted ONLY when a conditional offer of employment is made. Please note that an employer MAY NOT AT ANY TIME ask an employee or prospective employee if they have a ‘criminal record’. An employer may pose the question in a manner which does not invite information on pardoned offences.
Yes. A criminal record check may be ordered on an existing or prospective employee when a consent form is signed. In the case of a prospective employee, a criminal record search may be conducted ONLY when a conditional offer of employment is made. Please note that an employer MAY NOT AT ANY TIME ask an employee or prospective employee if they have a ‘criminal record’. An employer may pose the question in a manner which does not invite information on pardoned offences.
