Dusting for Prints – Increased Fingerprinting and Criminal Record Checks Delays Hiring

 The prospect of having one’s fingerprints taken as part of the job application process can seem intimidating, to say the least. Not only could a person be taken aback to learn that all information provided on a resume and during an interview would not be sufficient to make a hiring decision, but he could also be somewhat unsettled to learn that a criminal record check, and sometimes a credit check as well, must be undertaken.

The RCMP’s Canadian Police Information Centre (CPIC), a national database, contains a range of useful information maintained primarily for law enforcement. Increasingly, though, it is also an important source of information for employers screening new hires and prospective promotions because it is the only national database of criminal records.

Alternatively, through a “local indices check,” a check of police files and occurrence reports within a region, a broad range of information can be provided. However, the RCMP has issued an interim policy directing what local police forces can say in response to basic searches based on a name and date of birth search alone. If an individual is found to have a record based on such a search, the response is to be:

Based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP could not be completed. In order to complete the request, the applicant is required to have fingerprints submitted to the National Criminal Records repository by an authorized police service or accredited private fingerprinting company. Positive identification that a criminal record may or may not exist at the National Criminal Records repository can only be confirmed by fingerprint comparison. Not all offences are reported to the National Criminal Records repository. A local indices check may or may not reveal criminal record convictions that have not been reported to the National Criminal Records repository.

This qualified statement is deemed necessary to ensure accurate identification. But there is no expeditious process to verify a criminal record. The RCMP’s current verification process can take more than 120 days to complete. The process requires the individual to go to a police station or other certified fingerprinting service. Furthermore, the results of this drawn out process are delivered to the employer – not the prospective employee – not allowing for a chance to explain or justify any erroneous circumstances.

This time factor has significant impact on employers to be sure. The potential delays in making hiring decisions will prove problematic: Will employers risk waiting to hire verified candidates, only to possibly lose them to other employers? Will they bear the risk of hiring non-verified applicants on an interim basis?

Employer reliance on local indices checks is concerning, to be sure. They take time, as we know, but they also leave questions about coverage and human rights compliance – the process needs to be fair and justifiable, both ethically and legally.

Avoid the issue before it becomes detrimental. Get a criminal record check and if there is a need and the situation allows apply for a Canadian Pardon – it is a right of every Canadian. With a pardon no employer will be able to see previous convictions on the search mentioned above. 

HIRING PRACTICES EXPOSED - Red Carded Before the Game

Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.

Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.

Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.

Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate. 

This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag. 

Weeding Out the Criminal Record with a Pardon

“Maturity,” “sophistication,” “wisdom”: The adage youth is wasted on the young comes to mind when one realizes that maturity makes a person less innocent, after sophistication results from education, when wisdom yields good judgment and insight.

Here is the story of one Canadian having realized more fully the effect of using marijuana and the benefits of discontinuing the habit.

He was charged with his offence when he was just 19 years of age, in his first year of university. He was apprehended coming off the train with an amount of marijuana and some cookies. At the time, he used marijuana as a stress reducer but has since stopped.

Since his conviction, he has gone on to get his degree in computer science. After graduation, he started working as a technical support representative for a consulting company and was promoted to a technical lead position after just one year. About two years later, he moved to the Maritimes where he currently works as a software support representative.

A pardon has helped him to be able to apply to a broader scope of employment opportunities that previously were out of reach due to his criminal record. The background checks that potential employers might perform will now provide a clean slate with which he can move forward. His U.S. entry waiver will also allow him to travel freely to the U.S., which is required on occasion at his current job.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the wisdom that he most certainly has.

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.