Your Resources
Employees Can Conceal Convictions
Employees are now able to conceal some old convictions from employers and it is illegal to request an employee to reveal them. The employer can be fined up to $10,000 for asking.
The Criminal Records (Clean Slate) Act allows people to conceal convictions that did not result in a sentence of imprisonment, once they have gone seven years without any further convictions. It does not apply to sexual offences.
The new law “conceals” rather than wipes the convictions, so full criminal records will still be available for Police investigations, Court proceedings, firearms licensing, and for sensitive types of employment, such as the care and protection of children or national security such as judicial, police, prison or probation work.
It is still lawful for employers to ask someone to consent to their criminal record being disclosed. If the person has a “clean slate”, that is, that 7 years have passed since the conviction, then no convictions will be revealed.
Remember, it will be an offence for an employer to require, or even request, an individual to reveal clean slated convictions.