November 19th, 2024 | Sterling
Gone are the days when all candidates had to be directed to the police station to wait in line for a criminal record check. Nowadays hiring managers can order criminal record checks online through a third-party provider (such as Sterling Backcheck) in a quick and reliable process that that can often be done from home. However, there are still instances in which the standard Canadian Criminal Record Check product may be inconclusive. In these rare cases, candidates may need to request a Certified Criminal Record Check from the RCMP, which involves fingerprinting.
This blog explores the differences between criminal record checks conducted by third-party providers and the RCMP’s certified product. We’ll also discuss various instances where clients might prefer one option over the other. For a detailed comparison between Sterling Backcheck’s Canadian Criminal Record Check and the RCMP’s Certified Criminal Record Check, download our comparison guide.
The Canadian criminal record check reports any adult convictions that have not been granted a record suspension (formerly known as a “pardon”) within the RCMP National Repository of Criminal Records. Since the search is name-based, it can be completed online through third-party providers, eliminating the need for candidates to visit a police station.
Due to RCMP policy, the specific details of each conviction can only be released upon submission of fingerprints. However, if a candidate voluntarily discloses their criminal record during the background screening process, the police agency conducting the search can verify the accuracy of their declaration, providing a fast and reliable response.
The Certified Criminal Record Check, on the other hand, is a fingerprint-based check conducted by the RCMP. In Canada, criminal records are created, maintained, and closed based on fingerprint submissions rather than names. Candidates who need a Certified Criminal Record Check must have their fingerprints taken by the police or an accredited private fingerprinting company. If a record is found, it may take up to 120 business days for the RCMP to provide the results.
Given the extensive effort and lengthy turnaround time required, the Certified Criminal Record Check should ideally be reserved for cases where the name-based Canadian Criminal Record Check cannot provide a conclusive answer.
So, how can hiring managers minimize the number of inconclusive results and thereby reduce the need for fingerprinting?
To prevent issues during a criminal record check, applicants should take the initiative to accurately disclose all relevant convictions. This means being thorough and honest about their criminal history from the start. Hiring managers can improve the rate of accurate declarations by ensuring their candidates understand which convictions are relevant before they fill out the consent forms.
The declaration should:
When candidates accurately declare their criminal record, the standard Canadian Criminal Record Check will yield a “Not Clear – Confirmed” result, confirming the declared convictions. This lets hiring managers make an informed decision without requiring candidates to provide fingerprints.
Applicant declaration does, however, have limitations. In some circumstances, a candidate’s criminal record check can still result in a “Not Clear – Incomplete” finding, indicating the presence of undeclared or inaccurately declared convictions. This can occur for various reasons, such as the candidate’s discomfort with disclosing their record, forgetting details, or being unclear about what constitutes a relevant conviction. It is also possible for the name-based criminal record check to produce an “Inconclusive” result, meaning that a file has been found that closely matches, but is not identical to, the candidate’s personal information.
If a candidate is unable or unwilling to accurately declare their record, or if the check result is “Inconclusive,” they must visit a police station or an accredited private fingerprinting company to submit their fingerprints and obtain a Certified Criminal Record Product. Some background check providers can facilitate this service. For instance, Sterling Backcheck offers fingerprinting checks through its partnerships. When a fingerprinting check is ordered, the results are sent to Sterling Backcheck, which then updates the final report with the findings.
It’s important to note that in the vast majority of cases — about 94% of the over 1 million checks processed annually by Sterling Backcheck — candidates do not have a criminal record. For these individuals, a standard Canadian Criminal Record Check conducted through a background check provider offers a quick and hassle-free response.
Additionally, only 0.2% of the checks conducted by Sterling Backcheck result in an inconclusive outcome, necessitating fingerprinting. Even when candidates have a criminal record, Sterling Backcheck’s standard criminal check services almost always confirm the convictions disclosed by applicants.
Download our Comparison Guide for more detailed information about these offerings. To inquire about adding criminal record checks or fingerprinting checks to your screening program, contact us.
This content is offered for informational purposes only. First Advantage is not a law firm, and this content does not, and is not intended to, constitute legal advice. Information in this may not constitute the most up-to-date legal or other information.
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