Ask the ExpertCategory: QuestionsHiring Application Questions – Criminal Charges/Convictions
hri_Admin Staff asked 2 years ago

I work in BC at a School District and wondering if we are wording questions regarding criminal charges/convictions properly.  On our hiring applications we currently ask: Have you ever been convicted of a criminal offence, or are there any outstanding criminal charges against you? Have you ever received a conditional or absolute discharge or pardon? Is this the appropriate way to ask?

1 Answers
Glenn Demby Staff answered 2 years ago

Great Q. Your proposed Qs are problematic because you can’t ask general Qs about convictions and arrests. Employers are allowed to ask only about UNPARDONED Criminal Code convictions for SPECIFIC offences that are reasonably related to the job. EXAMPLE. Assume job applicant is applying for a school bus driver job:
Bad: Have you ever been arrested or convicted of a criminal offence?
OK: Have you ever been convicted of careless driving? (Answer Yes only if the conviction was not pardoned.)
Hope that helps. Glenn