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Professions in certain fields, such as health care and real estate, are regulated. These professions typically require a criminal background check during the application process and even after employment. Individuals who have previously been charged with a criminal offence or are currently facing such charges often find themselves in a predicament.
Although they may not have a conviction registered if their matters were resolved through a peace bond, discharge, or conditional discharge, they could still be required to disclose their criminal offence history. Despite no conviction or finding of guilt registered against them, their records would nonetheless indicate a history of a criminal offence.
The visibility of their criminal background depends on the nature of the check required for their profession. For instance, individuals working with children or in the healthcare sector may be required to undergo a vulnerable sector check. The results of this check can potentially reveal a peace bond or discharge.
While a standard criminal background check may not reveal these entries on an individual’s record, they can still be asked if they have ever been arrested and charged with a criminal offence during application processes. For example, question 7 on a real estate agent's application probes if one had ever faced a criminal charge.
In circumstances like these, people whose offences were resolved through a peace bond, withdrawal, or discharge might be inclined not to disclose this information.
Furthermore, once employed, certain professions regulatory bodies may mandate disclosure if an individual is arrested and charged with a new criminal offence. The eventual resolution of these matters must also be reported.
If someone fails to honestly disclose their criminal background under these circumstances, they can potentially face criminal charges under the Provincial Offences Act.
Real estate agents, for instance, who fail to disclose their criminal offence history or updates on new charges, could be charged under section 32 of the Real Estate and Business Brokers Act, 2002, pertaining to Brokerages and their Employees - Disclosure by brokers and salespersons to brokerages.
Lying about a criminal record on a job application is not always a criminal offence, but it can lead to serious legal and professional consequences. In regulated industries such as healthcare, real estate, and finance, full disclosure of past charges—even those that did not result in a conviction—is often required. Failing to disclose this information could result in penalties under provincial laws or professional misconduct investigations.
If you are unsure about your disclosure obligations during employment or licensing applications, Pyzer Criminal Lawyers can help. Our experienced criminal defence lawyers in Toronto will guide you through your rights and ensure you take the best approach for your future. Contact us today for a confidential consultation.
