For those reading this and thinking “I have a criminal record, can I be fired?”, be aware that Human Rights Law can be a strong ally in your corner. However, in the employer’s corner, there is employment standards legislation and case law. This has shown over time that a criminal conviction can in fact lead to just cause for termination. In Canada, employees are contractually obligated to perform their employment duties and avoid conduct which harms the best interest of their employer. Employees who do not fulfill this obligation may be disciplined, or even terminated.

Having a criminal record while employed is much more likely to pose a risk to your current employment if the offence committed is in direct relation to the current position, or if it occurred while that employee was on duty. However, if the conviction is in not related to your position, and took place while you were off duty, this makes the possibility of being dismissed much trickier for an employer to perform legally.

When employment has been terminated due to a criminal record there are some things that need to be taken into consideration:

-           If the seriousness of the crime jeopardizes the security of those employed by the company

-          If the crime directly relates to the employment (i.e. Fraud charge for an employee in the financial industry.)

-          Whether the conviction impacts the employee’s ability to continue working (i.e. If the employee was given a conditional sentence which included a driving ban, and that person held a job as a bus driver.) This can also be affected by possible jail time. If an employee needs to serve time in jail during employment, it may be grounds for dismissal if the workplace can prove it would be a burden to the workplace. Having said that, it is not an automatic cause for dismissal, and many workplace’s have their own rules in place that are detailed in an employee’s contract or collective bargaining agreement.

-          The character of the employee. If you have been a model employee and the conviction occurred outside of the work environment, with no relation to the position, it would be difficult to justify termination. If the convictions was, for example, 10 years ago and the employee has shown a history of hard work and trustworthy employment, it would be a tough sell for an employer to prove that the termination was not a wrongful dismissal. Being honest and open before, and during employment, regarding your conviction history will avoid any questions regarding your character.

If you have displayed a history of hard work, trustworthy employment, and have not committed an offence that would contradict any of the above points, you will have a strong case to keep your employment, and prove yourself as a worthy employee. Of course, if you do have a conviction, or charge on your record, and you meet the Parole Board of Canada’s eligibility requirements, you should be proactive and start the Record Suspension/Pardon process immediately. Do not let a conviction affect your employment.

Links

Have a Criminal Record. Applying for work? http://pardonservicescanada.com/hiring-practices-exposed-red-carded-before-the-game/

Canada Post Mid-Employment Background Checks – http://pardonservicescanada.com/canada-post-implementing-employee-background-checks-on-current-employees/

The post Can I be Fired if I have a Criminal Record? appeared first on Pardons.

In March of 2013, the Canadian Union of Postal Workers (CUPW) issued a bulletin to all of their members stating that Canada Post (CPC) would be implementing a new practice of conducting employee background checks for all personnel. The new policy allows Canada Post to “security screen all current employees every 10 years”, it also gives them the power to change the time lines of these screenings at any point.

The process will start with having all CPC employees to sign a consent form which allows Canada Post to conduct employee background checks. Refusal to sign will result in progressive discipline, up to termination. If an employee has a criminal record, that employee will be required to be fingerprinted. The fingerprints will then be submitted to the RCMP for the ordering of a certified criminal record. Certified criminal records contain information regarding any convictions, conviction dates, sentences, as well as any charges that appear (even if you were not found guilty of that offence). Canada Post will then submit a letter requesting a “resolution of doubt interview” with the employee where they will need to state the details of their conviction. This information will be forwarded to the General Manager of Security and Investigation who decides if the employee possesses what they refer to as, “reliability status”.  If the employee does NOT, they will be terminated from their employment with Canada Post.

How Can This Affect Me?

This type of employee background check is commonly referred to as a “mid-employment criminal record check”. Such employee background checks can affect promotions, pay scale, and even termination of employees who have performed a stellar work history within a company. For example, if John Doe, has a criminal record from an offence or even a charge in 1979 and started with a company in December 1988, under this new “security screen” protocol, he may be terminated if the General Manager of Security and Investigation rules that he does not have “reliability status”.  John Doe has now been terminated from his employment for his criminal record which dates back 34 years, just shy of his 25 year anniversary with the company. A troubling, but realistic scenario.

Employers may refuse employment for ANY offence on a criminal record in ON, NT, NU, NL, NB, NS, MB, SK, and AB. However, in BC, PE, QC, and YT, employers can NOT discriminate based on your criminal record unless it directly relates to the position in question. (i.e. If you were applying for a bank and you have a fraud charge on your record).

If you currently have a Criminal Record, and are employed, take the necessary steps and have it dealt with before you find yourself subject to an employee background check, similar as those being put forth by Canada Post. A Criminal Record will follow you around no matter how long ago or how minor the offence was. If you have been convicted or charged of a criminal offence, you have a criminal record. Your criminal record will not be removed automatically. You must make an application under the Criminal Records Act of Canada for a Record Suspension/Pardon. The Act is meant to help people with past offences that are now rehabilitated. Applying for a Record Suspension/Pardon is an investment in your future. Do not let your Criminal Record affect your life, employment, or peace of mind. Apply today!

Canadian Union of Postal Workers- Canada Post Bulletin

http://www.cupw.ca/index.cfm?ci_id=14485&la_id=1

http://www.cupw.ca/index.cfm/ci_id/14504/la_id/1.htm

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What Can Expire in My U.S. Entry Waiver package?

One important difference between the Pardon Application and the US Entry Waiver Application is that the criminal record included with a US Waiver can expire. Specifically, the U.S. Department of Homeland Security requires that this document be current within 15 months of being conducted, and it must be the original document certified by the RCMP. Your US Entry Waiver application will not be accepted by the CBP officers if your application does not meet these specifications.

Additionally, part of the US Entry Waiver process requires that the applicant write a letter about their offences and reasons for entering the United States, as well as obtaining two reference letters from reputable persons that can attest to the applicant’s character. These letters should be current within one year. In some cases, the applicant will also be required to obtain a letter from a doctor and/or a drug test to certify that they are not currently a user of narcotic drugs. These should be current within six months.

What About Renewing my Waiver?

Renewing a US Entry Waiver generally requires the same components as a new US Entry Waiver Application. Original court documents will be required (not simply copies of those submitted previously), and all letters will have to be current within one year as usual.

The criminal record will also have to be updated and certified by the RCMP, and so new fingerprints must be taken. This will confirm to the United States Department of Homeland Security that the applicant has not received any additional convictions since his or her previous waiver application.

The expiration of these documents should not be a concern however, providing that the application is completed efficiently, and to ensure that you should contact Pardon Services Canada today.

The post The Importance of Timing Part 2 of 2: US Entry Waiver Applications appeared first on Pardons.

What Documents Can Expire in my Record Suspension/Pardon Application?

Most of the documentation in a Canadian Pardon application is valid for as long as necessary, but certainly not all. Two documents in particular expire after a period of six months- these documents are the Record Suspension Application form, and any Local Police Checks (LPCs) that need to be conducted. It’s important to note that an LPC needs to be conducted for all police detachments that have jurisdiction over a region in which the applicant has resided during the past five (5) years.

How can this be an Issue?

The Record Suspension Application form simply requires a new signature and date to become valid again, but the LPCs are not as simple. For example, say an applicant conducted an LPC in Surrey, British Columbia with the Surrey RCMP. Before they manage to submit their Pardon application to the Parole Board of Canada however, the applicant moves to Toronto. Now the applicant has to get an LPC with the Toronto Police Department (TPD) to submit their Pardon application. No problem right? Wrong! The wait times to do an LPC often vary from detachment to detachment, with the TPD specifically taking up to five (5) months or more in some cases to complete these! In that time, the applicant’s LPC with the Surrey RCMP may have expired, and so they need to get a new one.

Of course now the applicant lives across on the other side of Canada and is required to request the LPC by mail, but it’s not so simple anymore! Since the applicant can’t personally attend the Surrey RCMP detachment, he/she is now required to provide two pieces of notarized ID in order to do the LPC through the mail. Now the applicant has to go to a notary public, get two pieces of I.D. photocopied and notarized, and send the whole package through the mail- and hopefully he or she gets around to all of this before the LPC with the Toronto Police Department expires!

Why put yourself through this kind of hassle to clear your criminal record? Enlist the assistance of Pardon Services Canada today so that we can take care of these headaches on your behalf.

See Part 2 for information on what can expire in a US Waiver application.

The post The Importance of Timing Part 1 of 2: Record Suspension / Pardon Applications appeared first on Pardons.

What is NEXUS?

NEXUS is a program designed to expedite the border clearance process for low-risk, pre-approved travelers into Canada and the United States.  Naturally, criminal records can hamper this process as they go against the “low-risk” requirement of obtaining a NEXUS Card. This is just one of many ways that having a criminal record in Canada can hamper your travel opportunities. If you are one of the millions of Canadians with a criminal record, and wish to look into obtaining a NEXUS pass, we have compiled some information that you should know.

What is the Process of applying for a NEXUS Card?

You will need to report to an enrollment centre where a review of your original documents and a full interview will occur.

You will then be interviewed by a Canadian Border Service Agency (CBSA) and/or U.S. Center for Border Protection (CBP) officer, who will:

1. review the information you provided on your application form to make sure it is still valid;
2. verify your identity and review original documents such as proof of citizenship and residency documents, work permits and visas;
3. ensure that you meet all eligibility requirements for membership; and
4. your fingerprints will be taken.

Can I apply for a NEXUS card if I have a Record Suspension?

Yes, however for someone with a Pardon/Record Suspension, whether or not you will be approved is a much more difficult question to answer. According to the NEXUS website, you may NOT be eligible if:

you have been convicted of a serious criminal offence in any country for which you have not received a pardon (for U.S. background checks you may be questioned about your full criminal history, including arrests and pardons, which may exclude you from NEXUS);

When you report to the enrollment centre, a review of your original documents and a full interview will occur. When determining if you will be granted a NEXUS Card, you may be questioned by an officer about your full criminal history, including arrests and pardons. Both Canada and the United States must approve your application in order to become a member of the NEXUS program. Therefore, if one of the countries deems you ineligible, your application will be denied.

If I am denied a NEXUS card, will it affect my future travel?

According to NEXUS, details surrounding your denial will not appear on the CBSA’s records, however it is not known if the Department of Homeland Security will follow the same protocol. Those who have received a pardon and have never been denied at the USA border should be cautious of potentially putting themselves in a position where the US border agents could flag them for travel into their country due to the criminal background interviews conducted while applying for a NEXUS. As mentioned, an officer may ask you about your full criminal history during your interview. Because the US does not recognize a Pardon/Record Suspension, they may deem you to be ineligible for a NEXUS pass, and potentially flag you for future travel. Because of the potential risk of the US flagging your future travel based on any information gathered during the NEXUS application process, those with a Pardon/Record Suspension should consider forgoing the NEXUS process, and avoiding any possible complications with their travel into the US.

Sources

Nexus Main Page & Contact Numbers

http://www.cbsa-asfc.gc.ca/prog/nexus/menu-eng.html

How to Apply

http://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html

Enrollment Process & List of Nexus Enrollment Centres

http://www.cbsa-asfc.gc.ca/prog/nexus/enrol-inscrire-eng.html

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Charges for Theft offences in Canada will most certainly leave you with a criminal record. As a federal offence covered in the Criminal Code, a theft conviction will show up on your federal criminal record if it is searched for the purposes of volunteering, employment, etc. Additionally, theft is deemed a crime of moral turpitude as per the Immigration and Nationality Act in the United States. Therefore, it is deemed as a valid reason to deny someone entry in the United States. If you are denied entry into the United States for a theft offence, you will require a US Entry Waiver in order to be re-admitted.

Types of Theft

There are many different types of theft, each with their own relevant section in the Criminal Code. While most Theft offences will fall under Section 322 in the broad categories of “Theft Under $5000″ and “Theft Over $5000″, there are many other types of theft and theft-related offences such as possession of stolen property, theft of a motor vehicle, theft of telecommunications, theft of oysters, etc. The common offence of shoplifting is often seen as a very minor offence, but its prolific natures makes it a very serious offence in the bigger picture. In fact, according to a 2007 survey on retail security in Canada, it’s estimated that 95% of businesses in Canada have experienced some sort of theft.

How do I remove this record?

To remove a theft conviction from your federal record, the process is the same for all federal records- get a Pardon (now known as a Record Suspension). Getting a Pardon for a theft offence will require that you meet the eligibility requirements, which includes completely satisfying your sentence. This is often very important for shoplifting offences as most will carry some sort of fine to be paid as part of the sentence. Generally the convicted individual is responsible for ensuring that he or she pays the fine, and as a result many fines end up being outstanding for very long periods of time. If you have not paid your fine for a shoplifting offence then you are not eligible for a Pardon. To become eligible you would have to pay this fine and wait the mandatory waiting period of either five (5) or ten (10) years- depending on whether your theft offence was a summary offence or an indictable offence. In general, convictions for Theft over $5000 will be indictable offences, and convictions for Theft under $5000 will be summary offences (although there are some exceptions to this).

What if someone commits Theft as a youth?

Many theft offences involve young Canadians who will be convicted as per the Youth Criminal Justice Act. This means that your record of conviction will be removed either three years from the date of the offence for a summary conviction, or five years from the date of the offence for indictable information. Note however that these records can be retained if the individual re-offends prior to this period of time elapsing.

If you have any questions about applying for a Pardon, or getting a United States Entry Waiver, we encourage you to contact Pardon Services Canada, and we answer any questions you may have.

2007 Canadian Retail Survey

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Even if you have a criminal record, you can still apply with Passport Canada (generally at a Service Canada location) and obtain a passport. If you are a client of ours currently awaiting a Record Suspension/Pardon or US Waiver application to be granted, please be aware that you do not have to wait for this process to be completed before you apply for a passport. By applying now, you will be able to travel as soon as your application is granted.

How Does the US Know About my Record then?

When travelling to the United States, the US Center for Border Protection (USCBP) is authorized to run your personal information in the Canadian Police Information Centre (CPIC) database. This database houses information regarding all Canadian criminal convictions. Your name and date of birth, regardless of whether or not it was obtained from your passport, can be run by the USCBP in this database to immediately return results about your convictions.

Can I Travel Before my Application is Granted?

If you are seeking to travel immediately, you will have to check the requirements of each country before you do. The United States are very strict regarding entry to their country, and we absolutely advise against travelling there until your application has been granted- even if you are merely transferring flights in a US location. The one exception to this is if you have not committed a crime of “moral turpitude” such as a Driving While Impaired offence, or a common Assault.

The requirements for other countries are not always as specific. Generally these countries are able to conduct a criminal record check on a visitor if they wish, but will not always do so. For more specific requirements we encourage you to contact the consulate of the country to which you wish to travel to as they may be able to provide more information. Regardless, it is always a good idea to have your record cleared in order to avoid any issues when travelling, and we encourage you to begin the Pardon/Record Suspension process as soon as possible.

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Why Does This Matter?

Both the Canadian Pardon and US Waiver processes require specific court information in order to complete the application. For the case of a Pardon, the courts must confirm the offence and date of conviction, as well as the method of trial, sentence imposed, and whether or not all elements of that sentence were completed. For a US Entry Waiver, the courts must provide certified copies of the police information, as well as documents indicating how and when the offence proceeded through the court system.

What this means is that until the Alberta Records Centre is re-opened, these records cannot be obtained.

What Happens in the Meantime?

Courts in Alberta are still accepting requests for information, and placing them in queue until such a time as the Alberta Records Centre is able to respond to these requests. Unfortunately they have been unable to determine when it might re-open.

Pardon Services Canada has also been looking into alternative options for our clients regarding this setback. We have been corresponding with the Parole Board of Canada, as well as the US Centre for Border Protection in order to find a solution that minimally impairs the application process.

Why Should I Apply Now?

We aren’t the only company affected by this delay, and it’s not only affecting Pardon and Waiver applications either. As a result, we can expect this queue of requests to grow at a rather alarming rate- and of course working through this queue will depend entirely on how quickly the individual court clerks can process them.

Therefore we recommend you apply early in order to ensure that your request is as close as possible to the front of this queue. Apply now to get your Canadian Pardon or US Entry Waiver started today.

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Applying for a Pardon involves a great deal of mailing, faxing, and copying. Much of the information is also very confidential and so we can’t simply dispose of it carelessly. All documents pertaining to our client’s information must be shredded prior to recycling, as it will go through the care of several other companies from that point onward.

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Digital Database

While all of our clients do have physical folders in our office, each one is also assigned a comprehensive digital file that tracks the various processes underway with the file, and holds all personal/contact information for the client. We also ensure that all of our staff leaves comprehensive notes in any file they work on so that we can have a clear record of the file’s progress. This practice also allows any one of our client specialists to provide an update on any client’s file- even if they’ve never been in it before.

E-Mail

We attempt to use e-mail wherever possible, and are willing to e-mail documents to clients if they request it, and are willing to print those documents themselves. Not only does it dramatically cut down on the time it takes to get documents to or from a client- especially those from several provinces away- it also saves a large amount of paper in our offices. However important documents, or those with original signatures, should always be mailed. This includes documents such as granted Pardons, Record Suspensions, and completed US Waiver applications.

Registered Mail

Due to the confidential nature of the documents we submit, there are certain documents which we send registered mail. Not only does this ensure that the documents are handed directly to the applicant, it also helps to expedite their delivery. Due to the sensitive timing and potential expiry of some documents required for the application, this reduced delivery time can be very important indeed. Guaranteeing this delivery will also ensure that we won’t have to waste time and resources in re-compiling this information were it to not reach its destination.

It’s never too early to begin applying for a Pardon (Record Suspension), and we would encourage you to have your record removed before it becomes a problem in your life. Contact Pardon Services Canada today so we can get the paperwork started.

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The 2011 statistics on crime from Statistics Canada imply that many Canadians in British Columbia have a criminal record, as do many more throughout the remaining provinces in Canada. It is estimated that approximately 3.8 million Canadians have a criminal record- nearly 10 percent or 1 of every 10 Canadians. Although they have already paid off their debt to society in accordance to our justice system, society still has them marked as a criminal. This can make a normal life impossible due to the extensive criminal record checks required as part of everyday life.

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Employment and criminal record checks.

It has become a standard business practice to run criminal record checks when hiring a new employee. Many employers run criminal record checks to protect their investments and their image. In fact in certain sectors, criminal record checks are legally required under the Criminal Records Review Act. You could also be affected indirectly, for example; let’s say your employer changes management, or the company you work for gets bought out. In those instances employers look for ways to become more efficient, whether it is cutting cost, early retirement or laying people off- in which case those with criminal records can often expect to be the first to go. Do not give them an excuse to take your livelihood away when they run a criminal record check.

Pardons (Now Known as Record Suspensions)

With current technology, a criminal record check is only a click or phone call away to the nearest police or RCMP station. The same way the law is in your employer’s hand, it can be in yours as well. The Criminal Records Act of 1985 provides for the suspension of criminal records for persons who have been convicted of offences and have subsequently rehabilitated themselves.

How to apply

Applying for a pardon in Canada is easy, and Pardon Services Canada has been helping people apply for Pardons since 1989. Pardon Services Canada has dedicated client specialists that can determine your eligibility for a Pardon for free over the phone. Learn if you qualify- it’s only a phone call away at 1-866-972-7366.

Criminal record checks have become customary in our society. Protect your welfare and prosperity- apply for a pardon today.

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