When hiring, many businesses conduct background checks, which can include examining criminal history. For roles that require high levels of trust, safety, or regulatory compliance, employers may look beyond domestic records and attempt to access criminal history information from other countries, particularly if the applicant has lived, worked, or studied abroad.
However, checking an applicant’s criminal history internationally is a complex process with varying levels of feasibility, depending on legal restrictions, international cooperation, and privacy laws.
Why Employers Might Check International Criminal History
In an increasingly global workforce, employers often have candidates with diverse international backgrounds. For roles with strict security or safety requirements, like finance, healthcare, or positions with access to sensitive information, an employer may want a thorough understanding of an applicant’s background, including any criminal history outside the country.
In some industries, international background checks are becoming more common, especially in sectors governed by strict regulatory standards where misconduct in one country could impact eligibility for roles elsewhere.
The Complexities of International Criminal Record Checks
- Varied Legal Frameworks: Each country has different privacy laws, standards for criminal record keeping, and restrictions on sharing personal information. In some countries, only law enforcement agencies have access to criminal records, while others allow private companies to request information with the individual’s consent. Due to these legal differences, the feasibility of obtaining international criminal records varies greatly from one country to another.
- Consent and Compliance: In many countries, especially in the European Union, privacy laws like the General Data Protection Regulation (GDPR) protect individuals’ personal data, including criminal records. Employers must often obtain explicit consent from the applicant to access international criminal history, and even then, they may face limitations on what information they can request. In the United States, similar consent laws apply, and background check companies generally need written permission from the candidate before conducting any international checks.
- Reliability of Records: Not all countries maintain extensive or accessible criminal record databases, and the reliability of records can vary. In some regions, older records or less serious offences may not be documented digitally, making it difficult for employers to perform a thorough check. Additionally, language barriers and differing definitions of criminal offences can complicate the interpretation of records, making it hard to determine whether foreign offences align with domestic laws.
- Cost and Time Constraints: Obtaining international criminal records can be time-consuming and expensive, requiring specialised services or coordination with international agencies. Many companies weigh the necessity of such checks against these costs and opt for them only when absolutely essential.
How International Criminal Checks Are Conducted
If a company chooses to pursue an international criminal background check, it often works with specialised background screening companies that have experience in accessing records across borders. These agencies may use Interpol databases, collaborate with overseas law enforcement, or access public records where available.
However, these checks are typically limited to countries with cooperative agreements in place, such as the UK, Canada, Australia, and parts of Europe. For less accessible regions, employers may be limited to requesting information directly from the applicant or conducting checks through more indirect means, such as verifying employment history and references from overseas.
What Applicants Should Know
If you’re applying for a job that may involve an international criminal background check, it’s helpful to be transparent about your history and to understand your rights. Consent is typically required, so you will usually be asked to provide it if the employer intends to investigate your record abroad.
For roles that require high levels of security, some employers may ask applicants to provide police certificates or background clearances from the countries they’ve lived in.
Final Thoughts
While businesses may conduct international criminal history checks, the process is complex, and often limited by legal and practical constraints. For employers, it’s crucial to balance the need for thorough background checks with respect for privacy laws and international regulations. For applicants, understanding the extent of these checks and the importance of transparency can foster a smoother hiring process.
As international hiring becomes more common, both businesses and candidates benefit from being informed about the realities and limitations of international criminal background checks.
