What if an employer asks your client about their police record or requests a police record check?

When someone applies for a job, it has become increasingly common for employers to ask whether they have a police record or ask that they consent to getting a police record check. Employers are allowed to do this, but your client’s consent is required. This means that your client has the right to say no to the employer’s request, but it might hurt their chances of getting the job.

If an employer asks your client for a police record check and your client consents, there will still be limits on how much information the police will share with an employer. For example, most employers are not allowed to see youth records and should not be asking about it. Only a few employers (e.g., government agencies) can have access to that information. 

How You Can Help:

• Step 1: Point your client to resources about what can be found on police record checks, why their consent is important, and how they can talk to their employer about their record.
• Step 2: Tell your client that they do not need to consent to having a police record check performed if they don’t want to, but that it might hurt their chances of getting the job.
• Step 3: If your client is successful in getting the job, tell them that they don’t have to share their past with anyone else in the organization if they don’t want to.
• Step 4: If your client would like help with getting a record suspension, see “What if a client wants to get a record suspension?”