4.5 Million Need Not Apply – Criminal Records Catching Up With Canadians

             The myriad of job seekers in the post-recession economy was dealt another blow as revealed by a new report by the National Employment Law Project (NELP). The Report shows that 90% of companies use criminal background checks at some point in their hiring policies. The rise in the use of criminal record checks is now being coupled with stringent and unfair hiring policies in regards to previous criminal records. Companies such as Domino’s Pizza, Lowe’s and RadioShack have implemented policies that require applicants for positions to have “no criminal record. Period.” These employers alone comprise 415,400 jobs in Canada, the United States and abroad. Over 1 in 10 Canadians and 1 in 4 Americans have a criminal record. Many applicants have a record for minor offences that occurred years before and hold no bearing on the current position even so, they are not even considered.

                Labour advocacy groups have been arguing against the blanket restrictions on criminal records being imposed. Despite these calls to action the number of companies conducting background checks on applicants continues to grow. The argument that is put forward by advocates of the blanket restrictions is those corporations have a duty to provide a safe work environment for employees and customers. While this is true, a blanket restriction eliminates suitable candidates for discretions that are long since passed and currently have no bearing on the job or workplace security. The overall effect is detrimental to all parties as the possible pool of suitable employees is drastically reduced and the risk of recidivism and future crime is increased by unemployment.

                The recommendations that are made by labour advocates are sound. The restrictions on people with criminal records should be lessened to allow all suitable applicants the chance to apply for the betterment of the applicants and the corporations. There is an apparent need to protect job seekers from arbitrary, discriminatory and potentially illegal hiring practices.

                In Canada, the recourse against the wave of companies using background check lies in the realm of Pardon Services. Any Canadian can apply for a pardon if they have met the conditions and sentencing of the offence. Once obtained, a pardon can seal a criminal record from a corporation performing a background check. Through a pardon Canadians have the ability to leave their past behind them and continue towards a new job, career advancement, volunteer positions and a wealth of opportunities previously shut out because of a criminal record.