"Criminal record check" is often used as a catch-all phrase, but in Ontario there are actually several distinct levels of check, each intended for different purposes and each disclosing different types of information. This guide gives a general overview of the main types of check used in Canada and Ontario, and who typically requests each one. It is general information only and does not replace legal or professional advice about a specific check or application.
The Legal Framework: Police Record Checks Reform Act, 2015
Ontario's Police Record Checks Reform Act, 2015 generally standardized the types of record checks that police services and third-party providers can conduct in the province, and placed limits on what each type can disclose. Before this legislation, practices varied considerably between police services, and there were significant concerns about non-conviction information and mental-health-related information being disclosed too broadly. The Act generally created three defined categories, discussed below, and restricted disclosure of certain sensitive information outside narrow, defined circumstances.
Basic Criminal Record Check
A basic criminal record check, sometimes called a Level 1 check, is generally the narrowest type. It generally involves a name-based search of the CPIC database and is generally intended to reveal convictions, and findings of guilt under the Youth Criminal Justice Act within any applicable disclosure period, that have not been the subject of a record suspension. It is generally the type of check requested for lower-risk positions where a general criminal history check is sufficient.
Criminal Record and Judicial Matters Check
A criminal record and judicial matters check, sometimes called a Level 2 check, generally includes everything in a basic check, plus additional information such as outstanding charges, warrants, judicial orders like peace bonds or prohibition orders, and absolute or conditional discharges within their applicable retention period. This type of check is generally requested for roles where an organization wants a somewhat fuller picture than a basic check provides, but where a vulnerable sector check is not required.
Vulnerable Sector Check
A vulnerable sector check is generally the most thorough level, reserved for positions or volunteer roles that involve working with children, older adults, or other vulnerable people. It generally includes everything covered by the other two levels, and, in narrow and exceptional circumstances, can disclose certain additional information, including some non-conviction information and, in specific circumstances, a record-suspended sexual offence conviction. Because this type of check works differently and raises its own considerations, we cover it in a dedicated guide: vulnerable sector checks.
The specific type of check requested matters a great deal. A basic check and a vulnerable sector check can produce meaningfully different results for the same person, even though both are sometimes described loosely as a "background check."
Who Typically Requests Each Type
Employers generally request whichever level is appropriate to the role in question, and many general employment positions only require a basic criminal record check. Licensing bodies, such as those overseeing certain regulated professions, may require a criminal record and judicial matters check as part of an application. Volunteer organizations and employers whose roles involve vulnerable people, such as schools, camps, and healthcare or long-term-care settings, generally require a vulnerable sector check specifically, given the more thorough disclosure that check involves.
Consent and Requesting Your Own Check
A criminal record check generally requires the consent of the person it concerns; it is not something an employer can generally obtain unilaterally without that consent. A person can also generally request a check on themselves, either through a local police service or an RCMP-accredited third-party provider, which can be useful for confirming in advance what a prospective employer or organization is likely to see.
Applicants are also generally given an opportunity to review the results of a check before it is shared with the requesting organization, and, in some circumstances, to raise concerns about information they believe should not be included. The specific procedure for this can vary between police services, so it is worth asking about the process directly when a check is requested.
General Processing Times and Formats
How long a criminal record check takes, and whether it can be completed online or requires an in-person appointment, generally varies by police service and by which level of check is requested. A basic check is often processed more quickly than a criminal record and judicial matters check or a vulnerable sector check, since the more detailed levels can involve additional review before results are released. Fingerprint-based verification is sometimes required where a name-based search alone is not considered sufficient to confirm identity, which can add considerably to the overall timeline.
Because timelines vary, it is generally a good idea to request a criminal record check well before it is actually needed, particularly where a job offer, a licensing deadline, or a volunteer placement is contingent on the result. Waiting until the last moment can create unnecessary pressure if a check takes longer than expected to come back.
If a Check Seems Inaccurate
If a criminal record check returns something unexpected, such as information about a discharge that should have been removed or a charge that was withdrawn, it is generally worth following up directly with the police service or provider that issued the check. A lawyer can also help determine what process may be available to correct or clarify the record, depending on the type of information involved.
Frequently Asked Questions
What are the different levels of criminal record check in Ontario?
Ontario generally recognizes three levels: a basic criminal record check, a criminal record and judicial matters check, and a vulnerable sector check, each disclosing progressively more information.
What law governs these checks in Ontario?
Ontario's Police Record Checks Reform Act, 2015 generally standardized these categories and placed limits on what can be disclosed at each level.
Which check do most employers use?
Many general employment positions only require a basic criminal record check, though this varies by role, employer, and sometimes by regulatory requirement.
Can an employer request a criminal record check without my consent?
No. A criminal record check generally requires the consent of the person it concerns.
What makes a vulnerable sector check different?
It is generally the most thorough level and, in narrow circumstances, can disclose certain additional information not included in the other levels. See our vulnerable sector checks page for detail.
Can I check my own criminal record before applying for a job?
Yes, generally through a local police service or an accredited third-party provider, which can help you understand in advance what a specific check is likely to show.