One of the major concerns an accused person has is how potential criminal charges will affect their current job or future employment. For certain positions, especially those working with vulnerable populations, a criminal records check is a mandatory part of the application process. The release of information to employers can be arbitrary and varies from jurisdiction to jurisdiction. Even people who are found not guilty or have their charges withdrawn can have details about the charges released to their employers.
New Criminal Records Check Legislation
Fortunately, new Ontario legislation seeks to limit the amount of information that the police can release when conducting criminal records check. Now, police can only release information in background checks with the permission of the individual. The individual also has the right to review what information is being released and they can ask for decisions to be reconsidered.
Importantly, this legislation makes it very difficult for information to be released where the charges have been withdrawn or the person was found not guilty. This information will only be released in exceptional circumstances – for example, where a person is applying for a job involving vulnerable populations and the police are able to justify the release of the information.
This new legislation goes a long way to protecting the privacy of those who have not been convicted. Despite this legislation, however, if you are facing criminal charges, there’s always a possible risk to employment (depending on the type of charges), which is why it’s so important to have proper legal representation.
Smordin Law Criminal Lawyers
41 King William St. #200
Tel: 1 (905) 525-0005
Toll Free: 1 (844) 525-0005
Fax: 1 (905) 525-5716