Learn about your rights when an employer asks for a record check
Question & AnswerCan an employer ask me if I have a police record?
Either you or the employer can ask the police to do a record check. But the police will not do a record check without your written consent.
And the general rule is that when the results of the check are available, the police have to let you see them first. They can’t give the results to the employer unless you:
- see the results, and
- consent in writing to let the police give them to the employer.
This rule always applies to vulnerable sector checks.
The rule applies to other record checks unless you ask that the check be done by comparing information in the police database with what you say. This is called a “self-declaration”.
If you make a self-declaration
If you say you have no criminal record and the record check matches what you say, this is what the employer is told.
If you give details of your criminal convictions and the record check matches what you say, the employer gets a copy of your self-declaration and is told that it matches the results of the record check.
If the record check results don’t match what you say about criminal convictions, the employer is told that the record check could not be completed.
Criminal record and judicial matters check
A criminal record and judicial matters check can include more information than a criminal record check. For details, see Criminal record and judicial matters check in the Step called Learn about record checks any employer can get.
On a criminal record and judicial matters check, the employer is told that there is a clear result for judicial matters, if no records are found. Otherwise, the employer is told that there is not a clear result.
Vulnerable sector checks and “non-conviction” information
If the results of the vulnerable sector check include “non-conviction” information, you can ask the police to leave this out. This is called asking for a “reconsideration”.
Non-conviction information is information about certain crimes, even if you were charged but not convicted.
This information can be included in a vulnerable sector check 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
Asking for a reconsideration
When the police give you the results of the vulnerable sector check, they have to include information about how to ask for a reconsideration.
You have to ask within 45 days from when you get the results of the record check.
If you’re not able to meet the deadline for a reason that’s not your fault, you can still ask for a reconsideration.