How Criminal Charges Affect Your Job: Employment Rights and Obligations

One of the first questions people ask after being charged with a criminal offence is: “Will I lose my job?” The answer is not straightforward. Criminal charges and convictions can affect your employment, but the law provides protections — and the impact depends on the nature of the charge, your profession, and your employer’s policies.

Understanding the distinction between charges and convictions, knowing your rights under Ontario’s Human Rights Code, and being aware of your disclosure obligations can help you navigate this difficult situation. If you have been charged with a criminal offence and are concerned about your job, getting legal advice early is critical.

Contact Mor Fisher LLP to speak with a criminal defence lawyer about your case and the potential employment implications.

Charges vs. Convictions: An Important Distinction

The first and most fundamental point is that being charged is not the same as being convicted. In Canada, every person charged with a criminal offence is presumed innocent until proven guilty. A criminal charge means only that the Crown believes there are reasonable grounds to believe an offence was committed — it is not a finding of guilt.

This distinction matters enormously in the employment context. Employers are generally not permitted to take adverse action against an employee solely because they have been charged with a criminal offence — unless the charge is directly relevant to the job.

A first-time offender who is charged but ultimately acquitted, has the charges withdrawn, or receives a discharge will have a very different employment outcome than someone who is convicted and sentenced.

Your Rights Under the Ontario Human Rights Code

The Ontario Human Rights Code prohibits discrimination in employment on the basis of a “record of offences.” This protection applies specifically to:

• Provincial offences (under the Provincial Offences Act)
• Pardoned federal offences (offences for which a record suspension has been granted)

This means an employer cannot refuse to hire you, terminate you, or treat you differently because of a pardoned criminal offence or a provincial offence.

However — and this is a critical distinction — the Human Rights Code does not protect against discrimination based on an unpardoned criminal conviction that is relevant to the employment. If you have an unpardoned conviction for fraud and you work in a financial institution, the employer may be entitled to make employment decisions based on that conviction.

The key principle is relevance. An employer can only rely on a criminal record in making employment decisions if the conviction is reasonably related to the duties and responsibilities of the job. A shoplifting conviction from a decade ago is unlikely to be relevant to a construction job. A fraud conviction may be directly relevant to a position handling money.

What About Charges That Do Not Result in Conviction?

If your charges are withdrawn, stayed, or result in an acquittal, you have not been convicted. Employers generally cannot hold non-convictions against you. Similarly, if you receive a discharge — whether absolute or conditional — there is no conviction, and the discharge will eventually be removed from your record entirely.

When Must You Disclose a Criminal Charge?

There is no general legal obligation to volunteer information about criminal charges to your employer. However, there are situations where disclosure may be required:

Professional Licensing Bodies

If you hold a professional licence, your licensing body almost certainly has rules requiring you to disclose criminal charges. This applies to:

• Lawyers — the Law Society of Ontario requires disclosure of criminal charges
• Doctors and nurses — the College of Physicians and Surgeons and the College of Nurses both require disclosure
• Teachers — the Ontario College of Teachers requires notification
• Security guards — licensed under the Private Security and Investigative Services Act
• Real estate agents, insurance brokers, and other regulated professionals

The requirement to disclose to a licensing body is separate from any requirement to disclose to an employer. Failing to report to your licensing body can result in professional discipline, regardless of the outcome of the criminal case.

Employment Contracts and Policies

Some employment contracts include clauses requiring employees to disclose criminal charges. If your contract contains such a clause, failure to comply could be grounds for termination — not because of the charge itself, but because of the breach of the employment agreement.

Review your employment contract and company policies carefully. If you are unsure about your obligations, consult both a criminal defence lawyer and an employment lawyer.

Positions of Trust

If you work with vulnerable populations — children, the elderly, persons with disabilities — your employer may have heightened obligations to ensure the safety of those in their care. A criminal charge for a violent or sexual offence, even before conviction, may affect your ability to continue in that role.

Bonded Positions

If your position requires you to be bonded (i.e., insured against dishonesty or misconduct), a criminal charge may affect your bondability. If you cannot be bonded, your employer may not be able to keep you in the role.

Types of Criminal Record Checks

Since the Police Record Checks Reform Act, 2015 came into force, Ontario police services can only issue three types of record check, and each one is limited by statute in what it is allowed to disclose. This matters, because employers often ask for a broader check than they actually need.

Criminal Record Check

This is the most limited check. It reveals criminal convictions that have not been pardoned, plus any findings of not criminally responsible on account of mental disorder that remain within the disclosure period. Charges that were withdrawn, stayed, dismissed, or resulted in acquittals do not appear. Discharges also do not appear, because a discharge is not a conviction.

Criminal Record and Judicial Matters Check

This is more comprehensive. In addition to unpardoned convictions, it may reveal:

• Outstanding charges, warrants, and certain judicial orders such as probation or a peace bond
• Absolute discharges for one year after the finding of guilt, and conditional discharges for three years
• Findings of guilt under the Youth Criminal Justice Act within the applicable access period

What it does not disclose is withdrawn or stayed charges, or acquittals. That is a deliberate feature of the statute, and it is one of the strongest practical reasons to fight for a non-conviction outcome. This type of check is commonly required for positions in government, law enforcement, and certain regulated industries.

Vulnerable Sector Check

This is the most extensive check and is available only to people working or volunteering with vulnerable populations (children, the elderly, persons with disabilities). It reveals everything in a criminal record and judicial matters check, plus:

• Pardoned sexual offences — the only circumstance in which a record suspension can be pierced, and only for a sexual offence
• Non-conviction information in exceptional cases — a withdrawn or stayed charge can be disclosed only where it meets a narrow statutory test tied to predatory behaviour against a vulnerable person, and you must be told before it goes out and be given a chance to ask for a reconsideration

Vulnerable sector checks are conducted by police services and can take several weeks to process.

What Happens If You Are Charged While Employed?

If you are arrested and charged with a criminal offence while you are employed, the immediate question is whether your employer will find out and what they will do about it.

Will Your Employer Find Out?

Not necessarily. There is no automatic notification to employers when an employee is charged with a criminal offence. However, your employer may learn about the charge through:

• Media coverage — particularly for serious charges
• Bail conditions that affect your ability to work (e.g., a condition not to use computers, a curfew, a no-contact order with a colleague)
• Your own disclosure — if required by contract, policy, or professional obligation
• Workplace incidents — if the offence occurred at work or involved a co-worker

Can You Be Fired for Being Charged?

An employer does not have an automatic right to terminate you because you have been charged. However, the practical reality is more nuanced:

• Bail conditions may make it impossible to do your job — if your bail requires you to stay away from your workplace, not use a computer, or observe a strict curfew that conflicts with your work hours, your employer may argue that you are unable to fulfil your duties. Understanding bail conditions and working with your lawyer to ensure they are reasonable is important.
• The employer may suspend you — some employers will suspend an employee with or without pay pending the outcome of criminal proceedings, particularly if the charge is serious or related to the job
• Termination may follow conviction — if you are ultimately convicted, the employer may have grounds for termination depending on the nature of the conviction and the job

If you are terminated because of a criminal charge (not a conviction), you may have a claim for wrongful dismissal. This is a matter for an employment lawyer, and the strength of your claim will depend on the specific circumstances.

The Impact on Professional Licences

For regulated professionals, a criminal charge can trigger a professional conduct investigation independent of the criminal proceedings. This means you may face:

• A mandatory report to your licensing body
• A suspension or restriction of your licence pending the outcome of the criminal case
• A disciplinary hearing that could result in penalties ranging from a reprimand to revocation of your licence

The professional conduct process runs separately from the criminal process, and the outcomes can be different. You may be acquitted of the criminal charge but still face professional consequences — or vice versa.

If you hold a professional licence, it is critical to get legal advice from both a criminal defence lawyer (for the criminal charge) and a regulatory lawyer (for the professional conduct process).

Criminal Records, Pardons, and Employment

If you are convicted of a criminal offence, the conviction will appear on your criminal record. This can affect your employment for years — every time a potential employer runs a criminal record check, the conviction will appear.

The good news is that criminal records are not permanent. A record suspension (formerly called a pardon) can seal your criminal record so that it no longer appears on standard criminal record checks. The process and eligibility periods are detailed in our article on criminal records and pardons.

A discharge is even better from an employment perspective. Because a discharge does not result in a conviction, the RCMP purges it automatically after the waiting period — one year from the finding of guilt for an absolute discharge, three years for a conditional discharge. No application is required, and you can truthfully answer that you have no criminal convictions in the meantime.

Practical Advice

Do Not Volunteer Information Unnecessarily

Unless you are required by contract, policy, or professional obligation to disclose a criminal charge, you are generally not obligated to tell your employer. Volunteering information prematurely can create problems that might otherwise never arise — particularly if the charges are ultimately withdrawn or resolved favourably.

Understand What Your Employer Can Legally Ask

An employer can ask about unpardoned criminal convictions, but they can only act on a conviction that is reasonably related to the duties of the job. They also cannot get around the limits in the Police Record Checks Reform Act, 2015 by demanding a level of check the position does not qualify for, and they cannot require you to request your own records from police in order to sidestep those limits. If an employer is pressing for information about a withdrawn charge, that is worth a conversation with an employment lawyer.

Get Legal Advice Before Disclosing

Before you disclose a criminal charge to your employer, your licensing body, or anyone else, speak with a lawyer. The way you frame the disclosure — and the timing — can make a significant difference.

Work Toward the Best Possible Criminal Outcome

The single most important thing you can do to protect your employment is to achieve the best possible outcome in your criminal case. A withdrawal, a stay, an acquittal, or a discharge will preserve your employment prospects far better than a conviction. This is why having strong criminal defence representation is so important.

If you need a peace bond resolution or another outcome that avoids a conviction altogether, discuss these possibilities with your criminal defence lawyer.

Contact Mor Fisher LLP

If you have been charged with a criminal offence and are worried about the impact on your career, the criminal defence team at Mor Fisher LLP can help you understand your rights and work toward the outcome that best protects your future. We serve clients across Barrie, Toronto, and Ontario. Call 705-721-6642 or reach out online for a free evaluation.