I am applying for a new job and have outstanding criminal charges, but I haven’t been criminally convicted. One employer requested a criminal check and it came back incomplete, requesting a fingerprint-based check. Does having outstanding charges affect my ability to get hired? Can that company discriminate against me for this, or for the initial criminal check coming back incomplete?Many employers will require some sort of criminal record check as a condition of hiring.
In the event you are criminally convicted, I suggest you apply for a pardon and be open and truthful about your past as being dishonest is grounds for dismissal after you are hired.In British Columbia, the Human Rights Code protects individuals from discrimination in employment and hiring on the basis that the individual “has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.
This means that if an individual has been charged with an offence, a B.C. employer may only legally refuse to hire based on the results of a criminal record check if the alleged crime might affect the person’s ability to do the job.