The short version
- The 7-year lookback limit comes from US law. It doesn't apply in Canada.
- Canada has no public criminal record database, and a criminal record check needs the person's written consent.
- A criminal record check is 1 part of an employment background check. It contains no employment information.
- A criminal record check has no legal expiry date. Your screening policy sets the window.
- With Credibled, most Canadian criminal results come back in about 15 minutes.
Search for employment background check rules and you'll get plenty of confident answers. Many of them are written for American employers. They quote US laws, US timelines and US databases.
That's a problem if you hire in Canada. Here are 7 rules that keep showing up in search results, and what actually applies to an employment background check in Canada.
Myth 1: An employment background check only goes back 7 years
The 7-year limit comes from the US Fair Credit Reporting Act and some US state laws. It doesn't apply in Canada.
A Canadian criminal record check shows criminal convictions no matter how old they are. The main exception is a conviction covered by a record suspension, formerly called a pardon.
A few other rules apply. An absolute discharge is removed from the national police database 1 year after it's ordered. A conditional discharge is removed after 3 years. Youth records follow their own rules under the Youth Criminal Justice Act.
Employment and education history has no legal lookback period in Canada. You decide the scope, as long as what you verify is relevant to the job.
Myth 2: An employment background check is just a criminal record check
A criminal record check is 1 part of the picture. Depending on the role, a full employment background check can also include:
- identity verification
- employment verification
- education and credential verification
- reference checks
- a driver's abstract, for roles that involve driving
- a credit check, for roles with financial responsibility
- social media screening
A clean criminal record check tells you the candidate has no convictions on file. It doesn't confirm anything they wrote on their résumé. See what a complete background check includes.
Myth 3: You can get a free criminal background check online
Canada has no public criminal record database you can search. The national database, the Canadian Police Information Centre (CPIC), is maintained by the RCMP. Access is limited to police and accredited processes.
The free "background check" sites in search results mostly draw on US public records and data collected from the web. They can't tell you whether someone has a Canadian criminal record. Don't use them to make a hiring decision.
Some police services waive their fee for volunteer checks. For employment, a legitimate check comes with a fee. With Credibled, you pay per check, with no subscription and no monthly minimum.
Myth 4: You can run a background check on anyone
Not in Canada. Police services and accredited providers won't run a criminal record check without the person's written consent. Privacy law also expects you to tell candidates what you're checking and why.
In practice, consent is built into the process. With Credibled, candidates give consent and verify their identity online before any check runs.
Myth 5: A criminal record check shows their job history
It doesn't. A criminal record check contains no employment information.
To confirm where someone worked, you need an employment verification. That means confirming job titles and dates with the employers the candidate listed. At Credibled, we contact the employers directly rather than relying on a third-party database.
Reference checks add what verification can't: how the person actually worked.
Myth 6: A criminal record check expires after 6 months
There's no legal expiry date. A criminal record check is a snapshot of the record on the day it was run. It won't update if the person is charged the following week.
How recent a check needs to be is your call, or your regulator's. Many employers set a window of 6 to 12 months. Some regulated sectors require a new check every year. Whatever you choose, write it into your screening policy so it applies to everyone the same way.
Myth 7: An employment background check takes weeks
Some checks do take longer. A vulnerable sector check has to be requested through the police service where the candidate lives, and processing times vary by service. Employment and education verification depends on how quickly employers and schools reply.
A Canadian criminal record check doesn't need to take weeks, though. With Credibled, most Canadian criminal results come back in about 15 minutes, with ID verification included in the price.
When a check does stall, the cause is usually 1 of 3 things:
- the candidate hasn't finished their part
- their ID verification didn't go through
- their name and date of birth partly match an existing record, so fingerprints are needed to confirm it isn't them
Bonus: the Canadian rule that surprises employers most
Several provincial human rights codes protect people with certain criminal records. In Ontario, you can't refuse to hire someone because of a pardoned federal conviction or a provincial offence. In British Columbia and Quebec, the protection covers convictions unrelated to the job.
So a record on a check isn't an automatic no. We cover how to handle it in 10 pre-employment background check questions HR managers usually ask their lawyer.
Source: Ontario Human Rights Commission
Canada vs. what you read online
| What you read online | What applies in Canada |
|---|---|
| Checks only go back 7 years | Unsuspended convictions show regardless of age |
| A background check is a criminal check | A criminal check is 1 part of a background check |
| Free checks are available online | There's no public Canadian criminal record database |
| You can check anyone | Written consent is required |
| A criminal check shows job history | Job history needs a separate employment verification |
| Checks expire after 6 months | No legal expiry. Your policy sets the window |
| Results take weeks | Most Canadian criminal results in about 15 minutes with Credibled |
This article is general information, not legal advice.
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Frequently asked questions
No. The 7-year limit comes from the US Fair Credit Reporting Act and some US state laws. A Canadian criminal record check shows criminal convictions no matter how old they are. The main exception is a conviction covered by a record suspension, formerly called a pardon.
No. Canada has no public criminal record database you can search. Free background check sites mostly draw on US public records and data collected from the web. They can't tell you whether someone has a Canadian criminal record.
Yes. Police services and accredited providers won't run a criminal record check without the person's written consent. Privacy law also expects you to tell candidates what you're checking and why.
No. A criminal record check contains no employment information. To confirm where someone worked, you need an employment verification.
There's no legal expiry date. A criminal record check is a snapshot of the record on the day it was run. Many employers set a window of 6 to 12 months, and some regulated sectors require a new check every year.
With Credibled, most Canadian criminal results come back in about 15 minutes. A vulnerable sector check and employment or education verification can take longer.