A Charge Is Not the Same as a Conviction
This distinction is critical.
Being charged means police allege that an offence occurred and the criminal process has begun. It does not mean the person has been found guilty. Canadian criminal law starts with the presumption of innocence.
That distinction can sometimes become lost when an employer learns about an arrest, particularly where the allegations are serious or receive public attention.
From an employment perspective, however, employers may still need to make decisions before the criminal case is finished. Since criminal proceedings can take months or longer, an employer may consider workplace policies, safety concerns, licensing requirements, or whether the employee can continue performing their duties while the case is outstanding.
When Criminal Charges Can Affect Your Employment
The impact of criminal charges often depends on the type of work you perform.
Someone working in an office may face very different consequences from a commercial driver, police officer, teacher, healthcare professional, or employee working with vulnerable individuals. The connection between the alleged offence and the employment is also important.
An impaired driving charge, for example, may have a much greater immediate impact on someone who drives professionally than someone who works entirely from home. Similarly, allegations involving theft or fraud may raise concerns where an employee handles money or confidential financial information.
Professional regulators may also impose separate reporting obligations. In regulated professions, the employment consequences can therefore continue alongside the criminal proceedings.
What If Your Release Conditions Prevent You from Working?
Sometimes the biggest employment problem is not the charge itself. It is the release conditions imposed after arrest.
An accused person may be prohibited from attending a particular location, communicating with a certain person, possessing certain items, or driving. In some cases, those restrictions can make it difficult or impossible to perform normal job duties.
Imagine, for example, that the complainant is also a coworker and your release order prohibits all direct and indirect contact. Simply showing up for your normal shift could potentially create a serious problem.
Breaching a court ordered condition can result in another criminal charge. Employment concerns should therefore never lead someone to ignore their release terms.
Where appropriate, a criminal defence lawyer may explore whether a condition can be varied through the proper legal process.
Why the Outcome of Your Criminal Case Matters
Avoiding a conviction can be especially important when employment is at stake.
Depending on the case, the criminal matter may end through withdrawal of charges, an acquittal, diversion, a discharge, or another resolution. Each outcome can have different consequences for employment and background checks.
For someone whose career depends on professional licensing, security clearance, driving, or working with vulnerable persons, the long-term consequences of the criminal case should therefore be considered from the beginning.
How a Criminal Defence Lawyer Can Help
A criminal defence lawyer does more than prepare for trial. Early in the case, counsel can review release conditions and identify restrictions that may interfere with employment. Where legally appropriate, a lawyer may seek changes to those conditions.
Counsel can also review disclosure, assess the strength of the Crown’s case, negotiate possible resolutions, and consider whether an outcome that avoids a criminal conviction may be available.
Most importantly, your defence strategy should take your real life into account. For many accused persons, protecting a career, professional licence, or ability to support their family is an important consideration when deciding how to proceed.
If you have been charged and are worried about your job, contact Shim Law to speak with a Calgary criminal defence lawyer. If your employer has already suspended or dismissed you, our Calgary employment lawyers can review that side of the problem too.
