Complete guide to extracts from the criminal record in connection with employment

What information is contained in a criminal record?

The criminal record extract includes the following information:

• Criminal convictions: The criminal record includes information on criminal convictions. It is thus a compilation of the legal contexts in which a person appears.
• Sanctions: Information about the sanctions and measures decided by the court is included, such as prison sentences, fines, suspended sentences, probation, youth care, youth service, etc.

Read more about which convictions are visible in the criminal record here.

The process for requesting an extract from the criminal record register

Who can request an extract and who has the right to see it?

An extract from the criminal record can only be requested by the job applicant to whom the register relates. However, some employers have the right to request an extract from the register directly from the police when hiring staff. There are also employers who have the legal right to require the applicant to produce a register extract themselves.

Specialised professions where a criminal record check is mandatory

Employers who can request an extract from the register themselves:

• Psychiatric care
• Care of persons with intellectual disabilities
• Care of children and young people
• Compulsory care of addicts
• Companies installing alarms

Employers who can ask the applicant to show a criminal record:

• School or pre-school
• LSS (children with disabilities)
• Other activities for children (e.g. in an organisation as a recreational leader)
• HVB home
• Insurance brokerage

As an employer, you have no legal right to request the candidate to show an extract from the criminal record for other professions, but it is up to the candidate if they want to show an extract from the register. However, judgements are a public document and anyone can check whether a person has a criminal record, for example through a background check.

Step-by-step: How to request an extract for a potential employee with Validata

We use legal background checks to check a potential employee’s criminal background. This means that information about possible offences and convictions is retrieved directly from the Swedish Courts instead of the Police’s criminal record. The advantage of this is that no consent is required from the candidate and you get access to information directly once the background check is complete. This is how our checking process works:

1. Login to Valluga software with your username and password.
2. Choose which type of checks you want to perform.
3. Fill in the candidate’s details
4. The candidate will receive an email to log in and fill in their details.
5. Validata performs the background check and both you and the candidate get access to a digital verification report.

How to weigh the extract in your recruitment process

When weighing the results of the verification report, it is important that you make an overall assessment of the person. For example, you always have the right to hire anyone you want, but you also need to consider the Discrimination Act. If a candidate has a criminal background, you can look at the nature of the offences and how long ago they were committed. Then make a fair judgement as to whether the person’s criminal history is relevant today and should affect their chances of getting the job.

Do not hesitate to reach out to us. We are happy to assist you in making the right decision. Contact us below.

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How to inform candidates about background checks

Even if you do not need the candidate’s consent to carry out a background check, it is recommended to inform the job applicant early on that a background check will be carried out. We always recommend companies to strive for transparency, hence it is a good idea to inform about background checks already in the vacancy advert. That way, you can manage expectations of what is required from the candidate from the very beginning.

When you do a background check with us at Validata, we help you inform the candidate. Both you and the candidate can contact our customer service for when you have questions about the check process or need help.

Handling of sensitive information and privacy protection

When performing a background check on a candidate, it is important to consider the candidate’s privacy and handle sensitive information in a safe and secure way. By doing a background check with a third-party provider like Validata, you can feel confident that you get the information relevant to your recruitment process and that everything is handled in a safe and smooth way. Our background checks are GDPR-proof and we have a Data Protection Officer who ensures that we comply with all current laws and regulations.

Frequently asked questions and answers on criminal record checks for employment purposes

Can I reject a candidate based on the criminal record extract?

Yes, as an employer you can reject a job candidate based on the content of a criminal record check if the information provided is relevant to the position the person is applying for. However, it is important that this decision is based on an objective assessment of whether the candidate’s criminal record affects their suitability for the specific job.

How often should I request new criminal record extracts for existing employees?

There is no fixed rule on how often you should request new criminal records for existing employees. For professions where it is particularly important to protect children, young people or other vulnerable groups, it may be useful to request new extracts or background checks at regular intervals, such as every 3 or 5 years. However, it is important that this is done in line with current legislation and that there is a clear policy for its management that respects both security requirements and employee privacy.