Using The CPIC Database For Pre-Employment Purposes

Can you or can't you? That is not the question. Rather, the question is -should you?
• Fact -Only criminal record information concerning indictable and hybrid offences is held by CPIC.
• Fact - The names of persons who have been charged but never convicted cannot be accessed from the CPIC database (with some exceptions).
• Fact - Information stored in local and provincial criminal records systems may or may not be found in the CPIC database. Since there is no legislation in place that requires local police to submit criminal information to CPIC (with the exception of the Young Offenders Act), the criminal records of the central system do not reflect the totality of records that exist.
• Fact - Local or provincial reporting systems contain various record information relating to summary offences (misdemeanors) and provincial statutes not found in CPIC.
According to Les Rosen, NAPBS Chairperson and FCRA-compliance authority,
"There are some counties in certain states that are available on a database. However, employers should never use a criminal database for employment decisions, and should always make sure that a screening company is utilizing the most hands-on means available to obtain criminal records, which is usually an on-site search at the courthouse. There are a number of disadvantages to a database search. First, the database may not be absolutely current. Secondly, not all counties have criminal records on the database. Third, databases are notorious for being inaccurate. Fourth, if an applicant’s name does appear, the actual records must still be pulled from the courthouse. Denying employment based just upon a name in a database without reviewing the actual court file would violate a number of laws and rights of applicants. Employers who rely on databases for employment decisions are opening themselves up to serious lawsuits. The bottom line is that an employer who relies upon such a database, and still hires a person with a criminal record resulting in some claim of damages, may not have the legal protection they thought they had. There would be a considerable legal question as to whether having used a database would provide evidence of due diligence. In other words, databases may well not demonstrate that an employer took reasonable care."
Based on the knowledge of these facts provided by The John Howard Society of Alberta and of the opinions expressed by Les Rosen, indeed, rather than could I use the CPIC database, a question you need ask yourself is should I.