What is a criminal record? 

Employers may wish to review the background of candidates in order to make an informed hiring decision. According to Södertälje municipality, background checks on employees and new recruitments have stopped criminal organisations from infiltrating the municipality’s workplaces. Background checks, including criminal record checks, provide an overall insight into an applicant’s background. Many companies in both the private and public sector include background checks and criminal record checks in their recruitment programmes. 

Here, we explain in more detail what criminal records mean for employers and job applicants. Read on. Or contact us below if you have questions.  

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Which convictions are included in the criminal record? 

The criminal record contains information on different types of convictions and penalties that have been handed down in Swedish courts. The types of judgements and penalties that can appear in the criminal record include the following: 

• Penalty orders: This can include fines and other penalties that do not require a trial, such as administrative fines. 

• Convictions: judgements issued by a court following a trial where a person has been convicted of an offence. 

• Conditional sentences: Sentences where a person has been convicted of a criminal offence but the sentence is conditional, meaning that the person has to comply with certain conditions (for example, not to commit further offences) in order to avoid enforcement of the sentence. 
• Probation: This is a form of punishment where a person is supervised by the Prison and Probation Service and must follow certain rules and conditions.
•  Penalties that have been enforced: If a person has served a prison sentence or other penalty, this information can be found in the criminal record. 

The police’s criminal record only includes offences for which a person has been convicted. It does not show whether you have been suspected of an offence. The length of time the offences are visible depends on the type of offence, for example, indictable offences are in the system for ten years, while a penalty order disappears after five years. 

Can employers request extracts from the criminal record when hiring? 

In Sweden, employers are not allowed to make their own extracts from the criminal record in connection with employment. Instead, employers must request that the applicant submits an extract if it is required for employment. Thus, employers do not have the right to directly access the criminal record without the applicant’s consent. 

Which jobs may require an extract from the police criminal record? 

There are several types of jobs where employers have the right to require applicants to provide a criminal record check as part of the hiring process. These jobs usually involve greater responsibility and a higher level of trust from the employer. Some industries where this is common are the following: 

• Childcare and education: Employees in kindergartens, schools and other institutions working with children must provide a criminal record check before employment to ensure that they have not committed any previous criminal offences that could pose a risk to the safety of the children. 

• Healthcare: Healthcare professions, such as doctors, nurses and carers, may require applicants to provide a criminal record check to ensure patient safety. 

• Judiciary: Police, court and prison staff may need to prove a clean criminal record in order to handle legal cases. 

• Security sector: Security companies and employers in the security sector who employ guards or security personnel may require criminal records to ensure that employees are trustworthy and do not pose a risk. 

• Financial sector: Some positions in the banking and financial sector, especially those that handle large amounts of money or have access to sensitive financial information, may require a criminal record check to reduce the risk of fraud and inappropriate behaviour. 

• Public authorities: Employees of various state and local authorities may have to undergo a background check, including a criminal record check, to ensure that they fulfil the conditions for their positions. 

Interested in knowing more about legal background checks? 

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Here are some things to consider if you are going to open the letter from the police criminal record before the employer:

• You have the right to read the letter. The employer cannot demand that you do not open it.
• The employer may make a negative decision if you have a criminal background. If you are worried that this might happen, talk to your employer before submitting the extract.
• You can talk to a lawyer if you have any questions about your rights.

Do you have the right to refuse a job applicant because of a criminal background?

Under free employment law, you as an employer have the right to hire the candidate you consider most suitable for the job. Therefore, you have the right to refuse a job applicant because of a criminal background. However, it is good to make an overall assessment of the person and not exclude a suitable candidate because they committed minor offences 10 years ago and served their sentence.

Background checks on employees offers the comfort of being sure. Contact us to learn more about the process.

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Why should employers avoid ordering criminal records from public databases?

As an employer, ordering criminal records from online databases gives you access to all kinds of convictions, which are not relevant to review. Even those who committed minor offences many years ago should receive a fair assessment and not be denied employment based on old, minor offences. This can be seen as unethical and a violation of the individual’s integrity. There is a cull for a reason, namely that old minor offences should not accompany a person throughout their life. It is thus highly recommended for employers to consider professional background check companies when conducting employment screening.

Benefits of having a third party review criminal records

To ensure a fair and objective background check, it is usually best to use a third-party company. We at Validata are specialised in professional background checks and can quickly obtain the relevant information of your candidate and review by our screening consultants.
Here are some of the benefits of using Validata:

• Fast – Ordering an extract from the Police’s criminal record can take up to two weeks. When you do a legal background check with Validata, you get access to information quickly and digitally download the report. The full report is complete within 3 days, and both you and the candidate will be notified directly.
• Reliable – We retrieve information directly from Swedish courts, so you can make a well-informed hiring decision and feel confident in the person you hire.
• No need for consent – You don’t need to get consent from the jobseeker to run a background check, although it can be useful to inform the candidate about what will happen.

Read all about background checks in employment