The Impact of Criminal Charges on Employment

Do Criminal Charges Automatically Mean Job Loss?

One of the most common misconceptions is that being criminally charged automatically leads to job termination. This is not always the case in Calgary or elsewhere in Alberta.

Charged vs. Convicted: A Crucial Distinction

First, it’s important to understand the difference between being charged and being convicted of a crime. A criminal charge simply means that the police or Crown prosecutor believe there is enough evidence to proceed with a case. A conviction, on the other hand, is the result of being found guilty in court or entering a guilty plea. In the eyes of the law, a person charged with a crime is still presumed innocent until proven guilty.

In many cases, employers may not be able to terminate an employee solely based on a charge—especially if it’s unrelated to the nature of their job or if there is no impact on workplace safety, trust, or performance.

Industry-Specific Considerations in Calgary

In Calgary’s diverse economy, the impact of criminal charges can vary significantly by industry:

Oil & Gas Sector: Given the safety-sensitive nature of roles in Calgary’s oilfields or processing plants, employers may have strict policiesregarding criminal charges. Charges related to violence, drug use, or impaired driving could result in suspension pending outcome or mandatory reporting to site supervisors or regulatory bodies.
Public Service & Government Jobs: Employees in public-facing roles—such as those working for the City of Calgary, Alberta Health Services, or provincial ministries—may be subject to code of conduct policiesrequiring disclosure of any criminal charges that may undermine public trust.
Healthcare Workers: Nurses, care aides, and other healthcare professionals may be required to notify their regulatory colleges(like the College of Registered Nurses of Alberta) if charged with an offence that could impact their licence or ability to practise safely.
Education & Childcare: Teachers, ECEs, and others working with minors are under strict legal obligations. Even a pending charge could trigger an immediate suspensionor investigation under Alberta’s Teaching Profession Act or Child Care Licensing Regulation.

Disclosure Obligations: When Do You Have to Tell Your Employer?

In most cases, you’re not legally required to disclose a criminal charge to your employer—unless:

Your employment contract includes a disclosure clause
The charge directly impacts your job duties
You are in a regulated profession with mandatory reporting standards
You need time off for court dates and disclosure is the only way to explain your absences

Failing to disclose when obligated to do so could result in a breach of contract or loss of licence. However, voluntarily disclosing a charge without legal advice can sometimes create unnecessary risk. Consulting with a criminal defence lawyer before speaking to your employer is a wise step to help you make an informed decision.

How Employers in Calgary Handle Background Checks

Criminal Record Checks vs. Police Information Checks

In Alberta, employers typically request one of two types of checks:

Criminal Record Check (CRC): Shows convictions for which a pardon has not been granted. These are often used for general employment screening.
Police Information Check (PIC): Provides a more detailed history, including pending charges, non-conviction information, and court appearances. The Calgary Police Service (CPS) offers PICs for employment, volunteer roles, and immigration purposes.

If you’ve been charged but not yet convicted, the charge may still appear on a PIC—even if the case is later withdrawn, stayed, or results in acquittal. This is one of the reasons why speaking with a criminal defence lawyer early in the process is essential, especially if you’re applying for a role that requires screening.

Background Check Requirements by Industry in Calgary

Some sectors in Calgary are legally or contractually obligated to perform more comprehensive checks:

1. Government and Municipal Jobs

Employment with the City of Calgary, the Alberta Public Service, or federal departments often includes a mandatory background check. These roles may require enhanced security clearance depending on the position, and any criminal history—pending or past—can delay or prevent onboarding.

2. Roles Involving Vulnerable Persons

Jobs involving seniors, children, or individuals with disabilities—such as caregivers, teachers, nurses, and social workers—require a Vulnerable Sector Check. This check includes:

Convictions
Pending charges
Peace bonds
Absolute or conditional discharges Even a non-conviction recordcan be flagged if the police believe the information is relevant to the role, which can create major obstacles to employment.

3. Financial Services, Transportation, and Education

Financial institutionsmay conduct credit checks alongside criminal checks to ensure integrity.
Transportation companiesregulated by Transport Canada or Alberta Transportation often require clean driving and criminal records, especially for commercial drivers.
School boardsin Calgary require ongoing background screening for staff and even some volunteers. Pending criminal charges—even for unrelated offences—can raise red flags and trigger internal reviews or suspensions.

The Visibility of Pending Charges on a Background Check

Even if you have not been convicted, a pending criminal charge may still appear on your background check. This is especially true for Police Information Checks. In Calgary, employers are not legally restricted from using this information when deciding whether to offer or revoke employment, particularly in roles with trust or public safety implications.

However, the mere presence of a charge does not equate to guilt, and there are legal remedies that a criminal defence lawyer in Calgary can pursue. These may include:

Seeking early resolution or withdrawal of the charge
Applying for a record suspension (if eligible)
Challenging the inclusion of non-conviction records in police checks

By understanding how criminal records are used in employment screening and consulting with legal counsel, you can take steps to protect your reputation and livelihood.

Employment Consequences of a Criminal Conviction

Termination for Breach of Trust, Safety, or Reputational Risk

Employers in Calgary, like elsewhere in Canada, are allowed to terminate employees for just cause if a conviction creates legitimate concerns around:

Trustworthiness(e.g., theft, fraud, or misappropriation of funds)
Workplace safety(e.g., violence, impaired driving, harassment)
Reputational damage(especially in client-facing or leadership roles)

For example, a conviction for a financial crime may disqualify someone from continuing in a bookkeeping or accounting role, while a teacher convicted of assault may no longer be permitted to interact with students. Employers are not legally required to retain employees whose convictions make them unsuitable or ineligible to perform essential job duties.

Loss of Professional Licences or Certifications

Many professions in Calgary and Alberta are governed by regulatory bodies that enforce strict conduct standards. A criminal conviction can lead to:

Suspension or revocation of a licence
Mandatory reporting and disciplinary hearings
Loss of standing or expulsion from the profession

Some examples include:

Real estate agentsmust report convictions to the Real Estate Council of Alberta (RECA), which may deny, suspend, or revoke licensing.
Nurses and healthcare workersregulated by the College of Registered Nurses of Alberta (CRNA) face strict professional conduct reviews.
Teachersin Calgary must report convictions to the Alberta Teaching Profession Commission, which can result in the suspension of teaching certificates.

Even if a conviction does not directly relate to one’s profession, regulatory bodies often take moral character and public perception into account, meaning that the consequences can extend well beyond the criminal courtroom.

Unionized vs. Non-Unionized Employees in Calgary

How a criminal conviction impacts your job can also depend on whether you’re unionized or non-unionized.

Unionized employees: Those working in unionized environments (e.g., City of Calgary workers, public educators, Alberta Health Services employees) often have access to grievance proceduresand protections under collective agreements. Termination decisions are subject to arbitration and must meet strict “just cause” standards. In some cases, legal representation can help reduce penalties or reinstate employment following a conviction.
Non-unionized employees: Workers in the private sector without union protection have fewer safeguards. Employers can terminate employment for cause if a conviction directly impacts job performance or company image. Even if there is no “just cause,” they may issue a termination without causeand provide appropriate notice or severance under Alberta’s Employment Standards Code.

Legal Framework: Workplace Rights and Just Cause Dismissal

Both federal and provincial employment laws shape how employers handle post-conviction scenarios. In Alberta:

The Employment Standards Code (ESC)outlines basic worker protections but does not prevent dismissal for cause.
The Alberta Human Rights Actmay offer some protections if a conviction leads to differential treatment based on addiction or mental health, but this is assessed case-by-case.
Common law principlesalso apply, especially when determining what qualifies as “just cause.” Courts in Alberta require employers to prove that continued employment would be untenable or harmful to the business.

Can You Work While Charges Are Pending?

Continuing to Work with Pending Charges

In many cases, individuals with pending charges can continue working, especially if:

The charges are unrelated to their job duties
The individual is not in a position of trust or authority
The charges do not involve violence, harassment, or safety concerns in the workplace

For example, someone charged with a minor offence such as mischief or a first-time impaired driving charge may still be allowed to work, particularly if their job duties don’t involve driving or working with vulnerable individuals. However, each case is unique, and employer reactions vary.

Employer Responses: Conditions or Administrative Leave

Upon learning of criminal charges, employers may respond in different ways depending on their policies and perceived risk. Common responses in Calgary workplaces include:

Placing the employee on paid or unpaid administrative leaveuntil the matter is resolved
Imposing temporary conditions, such as restricting contact with certain clients or staff, limiting job responsibilities, or relocating the employee to a different department
Requiring regular updateson the legal process and court appearances

For unionized employees, any such decisions are typically made in accordance with collective agreements and may be subject to challenge through the grievance process.

In non-unionized settings, employers generally have more discretion, though they are still required to act fairly and consistently. In either scenario, seeking legal advice from a criminal defence lawyer can help prevent unnecessary overreach or protect you from wrongful dismissal.

Disclosure Considerations: Do You Have to Tell Your Employer?

One of the most sensitive issues is whether and when you must tell your employer about pending criminal charges. In Calgary, you are not legally required to disclose criminal charges to your employer in most cases—unless:

Your employment contract or company policyincludes a disclosure clause
The charges directly impact your job duties, such as a driving offence for a delivery driver
You are part of a regulated profession(e.g., teaching, healthcare, financial services) with mandatory reporting obligations
You will miss work for court dates, and need to explain your absences

How a Calgary Criminal Defence Lawyer Can Help

When your career and reputation are on the line, having a knowledgeable criminal defence lawyer in Calgary by your side can make all the difference. From the moment you’re charged, a skilled lawyer can work to protect your employment, minimize legal consequences, and guide you through every step of the process with your livelihood in mind.

Protecting Your Reputation and Negotiating Lesser Charges

In many cases, your lawyer can proactively negotiate with the Crown prosecutor to have your charges reduced, stayed, or even withdrawn. This is especially important when the charge has the potential to impact your current or future employment. Where appropriate, your criminal defence lawyer may argue for:

Lesser offences that do not carry the same stigma (e.g., summary offences instead of indictable)
Peace bonds as an alternative to conviction
Dismissals where the evidence is weak or Charter rights were violated

By resolving matters quickly and discreetly, a criminal defence lawyer helps limit public exposure and reputational damage, which is particularly important in tight-knit Calgary industries.

Seeking Diversion Programs or Discharges to Avoid a Conviction

Your lawyer can also explore diversion programs, such as the Alternative Measures Program (AMP), which is available in some Calgary courts for eligible first-time or low-risk offenders. Successful completion of such programs can result in withdrawal of charges, leaving you with no criminal record.

In other situations, your lawyer may advocate for:

Absolute or conditional discharges, which avoid a formal conviction
Sentencing optionsthat reduce long-term consequences, including those that may preserve professional licences

Avoiding a criminal record altogether can significantly improve your ability to maintain or secure employment in regulated professions or competitive job markets.

Assisting with Record Suspensions and Explaining Disclosure Obligations

If you have a past conviction, your criminal defence lawyer can help you apply for a record suspension (formerly known as a pardon) through the Parole Board of Canada. This removes your criminal record from public visibility in most background checks—an important step for job seekers in Calgary.

Your lawyer can also explain:

When you are legally required to disclose charges or convictions
What types of police checks employers are likely to run
How to prepare for job applications involving questions about your criminal history

This clarity can prevent misunderstandings and help you confidently approach interviews or background screening processes.

Guidance on Employment Letters or Affidavits for Court

If your case proceeds to sentencing, your lawyer may request a character reference letter from your employer or draft a supporting affidavit outlining your work history and community ties. These documents can: