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Talking to employers

Move forward 3C – Disclosure Talking to employers

Not declaring convictions (criminal record) if asked to do so can pose significant risks to you as the employer may consider this to be a false statement and you could be dismissed. However, if you are not asked and are not in breach of any restrictions, you are not obliged to disclose them. However, especially if there are conditions in your job that are related to your criminal record or your sexual problem, it is best to talk to your employer. For example, being a teacher in a school with teenage girls and at the same time having sexual thoughts about them.

As a responsible adult, it is best to be honest. If you live in Quebec or Canada, we suggest that you consult the PDF document Hire without Discrimination, booklet 4 on criminal records written by the Commission des droits de la personne et des droits de la jeunesse or contact the Commission at 514 873-5146 / toll-free: 1-800-361-6477 / information@cdpdj.qc.ca / cdpdj.qc.ca. 

Here are some tips for disclosing to employers:

  • Always be ready to discuss past offences – use a script and learn it.
  • Make sure you know exactly what is on your criminal record, and what that means with regard to your ability to apply for certain work.
  • Before applying for a role, get an informal view from the employer to see if you would stand a fair chance.
  • If there is one, get a copy of the employers’ policy on recruiting offenders.
  • Full disclosure on application forms is not always required, instead confirm there are convictions to be discussed at the interview and indicate whether or not they appear in the criminal record.
  • Explain what the offence was (keep it simple).
  • Explain a little about what was going on in your life at that time (but do not use it as an excuse for the offence).
  • Explain what you have done since then to make sure you don’t reoffend (e.g., working with your probation officer, courses or training you have attended).
  • Tell them why you will not be in this position again, and that your offending is in the past.
  • Explain that you know what you did was wrong but that you have a lot to offer and are looking for a chance to prove this. You have more to prove than most people and will work harder to prove your worth as an employee.
  • Do not make light of the situation, be confident, be yourself.
  • Create a “mustard” sandwich- begin and end with the positives and what you have to offer, putting the hot bit in the middle.
  • Provide a supporting disclosure letter marked confidential to be given at the interview as needed. (Stating the offence and date of conviction but also the changes you have made since and why this makes you a better candidate, e.g. I am therefore more hardworking and committed to prove how I have made these changes in my life; again think of the “mustard” sandwich.)
  • Be prepared to discuss face to face at the interview, provide the supporting letter and other relevant documents if available (e.g., Pre-Sentence Report, references). If done in the right way, this can show a desire to be honest, taking responsibility for the offence, context and a sense of remorse.
  • If you are required to disclose, do not leave it until the job offer stage – the employer can be left feeling deceived.
  • Be prepared for what an employer might ask about any convictions. For example, “have you had any convictions in the last five years?” requires a different response to “do you have any pending cases?”
  • Disclosing more information than is required, of course, shows great honesty, but also runs the risk of disclosing too much, and the employer may have second thoughts.
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