Do you have a criminal record? Are you looking for work? You might be wondering what you should you share. How do I explain gaps in my work history? What if they ask for a police check?
An employer may ask you during the application process whether you have a criminal record. It's your decision whether you wish to disclose your record or agree to a criminal record check.
The law states that an employer can only refuse to employ a person if the person's criminal record means that he or she is unable to perform the inherent requirements of the job. This means that if your offenses are directly related to the core duties of the job, an employer can refuse to take you on. For example, if you have been convicted of fraud and apply for a role as an accountant, the employer has the right not to hire you.
In some industries, a police check is required, and this should be stated in the job ad. For example, a cleaning job in a school. For these jobs, you must agree to the police check to be considered for the role. You can still be employed if your offenses are not related to the core duties of the job.
Here are some industries that may not require a police check:
- hospitality
- manufacturing
- retail.
Here are some industries that will require a police check:
- education
- childcare
- cleaning
- finance.
It's a good idea to avoid applying to jobs where the work relates to your charges. For example, let's say you have a violent crime on your record. You may want to keep away from jobs that involve interacting with the public. You could look for jobs that are a bit more isolated like a truck driving position. If you have a charge like robbery or theft, you'll want to avoid applying to jobs dealing with money or retail products. Manual labour, or a food service industry might be a better fit.
If you do apply for a job that requires a police check, your record will show any:
- sentences and convictions
- pending court charges and offenses
- serious assault related offenses
- sexually related offenses
- traffic charges for which an individual is convicted in a court.
Some offenses will be considered spent after a 10-year period, which means these, may no longer show on your criminal record. There are, however, some offenses that never become spent, for example, sexually related offenses.
If you are asked, it is important, to be honest about your record. If you lie about it, you can risk your chances of getting the job. Imagine that you don't mention your record and they offer you the job. Then after you accept, they discover you lied odds are that they'll take back their offer after learning you were dishonest with them. Being open and honest gives you the best chance of getting and keeping the job.
Updated