Refusal of Employment Because of a Criminal Record: When It Is Lawful and When It Is Discrimination

A criminal record in itself does not take away the right to work. Everyone has the right to work that they freely choose, and the state guarantees equal opportunities in the choice of profession (Article 43(1) and (2) of the Constitution of Ukraine). But for some positions the law sets requirements concerning a criminal record. Which positions these are is covered separately: professions and positions for which a criminal record is a legal obstacle.

In brief

• A refusal because of a criminal record is lawful when its basis is a requirement of the law for the position or a verdict that deprived the person of the right to hold a position or engage in a particular activity.
• A refusal without any motives, on grounds that do not concern qualifications or professional qualities, or on other grounds not provided for by law is prohibited.
• At your request, the employer is obliged to state the reason for the refusal in writing.
• After a criminal record is expunged or removed, the person does not have it, but some laws also take an expunged criminal record into account.
• You can complain of discrimination, in particular, to the Ukrainian Parliament Commissioner for Human Rights and/or to a court.

General rule: a criminal record matters where the law says so

A person has a criminal record from the day a guilty verdict enters into legal force until the criminal record is expunged or removed (Article 88(1) of the Criminal Code of Ukraine (CC)). A criminal record has legal significance in the case of a new criminal offence, “as well as in other cases provided for by the laws of Ukraine” (Article 88(2) of the CC). A convicted person enjoys all human and civil rights, “except for restrictions that are determined by law and established by a court verdict” (Article 63(3) of the Constitution). So there is no general ban on working — there are only separate restrictions established by laws for specific positions or by a court verdict.

An employer has the right to choose freely among candidates (Article 22(1) of the Labour Code of Ukraine (LC)). But an unjustified refusal is prohibited — this is a refusal “without any motives or on grounds that do not concern the employee’s qualifications or professional qualities, or on other grounds not provided for by law” (Article 22(2) of the LC).

When a refusal because of a criminal record is lawful

The law sets a requirement for the position

Some laws do not allow people with a criminal record into a position, and some do not allow even those with an expunged one. For example, a person convicted of an intentional serious or particularly serious crime cannot be a police officer, even if the criminal record has been expunged or removed (Article 61(2)(2) of the Law of Ukraine “On the National Police”).

Such requirements are not discrimination: the LC expressly does not regard “actions established by this Code and other laws” as discrimination (Article 2-1(2) of the LC).

For positions of responsible and particularly responsible status and with a high corruption risk, candidates are specially vetted (Article 56(1) of the Law of Ukraine “On Prevention of Corruption”), in particular regarding a criminal record, “its removal, expungement” (Article 56(3)(1)). But the special check is a procedure, not a separate ground for refusal. A refusal is made, in particular, if the information about the candidate “does not meet the requirements established by legislation for holding the position” (the third paragraph of Article 58(2) of this Law). So an expunged criminal record matters only when the requirements for that position established by legislation take it into account. For example, the positions for which a special check is carried out include civil service positions of categories “A” and “B” (the note to Article 56), while the Law of Ukraine “On Civil Service” does not admit to the service a person with an unexpunged or unremoved criminal record for an intentional criminal offence (Article 19(2)(3)). That law does not name an expunged criminal record as an obstacle.

A verdict prohibits a position or activity

A court may deprive a person of the right to hold certain positions or engage in certain activities: as a main punishment — for a term of two to five years, as an additional one — from one to three years (Article 55(1) of the CC; for certain criminal offences the same article sets other terms). While the ban is in effect, a refusal to give the position or activity defined by the court has a basis in the verdict.

When a refusal may be discrimination

The LC prohibits any discrimination in the sphere of labour. The list of grounds in Article 2-1(1) of the LC ends with the words “on linguistic or other grounds unrelated to the nature of the work or the conditions of its performance”. A criminal record is not in the list, but the list is open. The list of grounds in the definition of discrimination in Article 1(1)(2) of the Law of Ukraine “On the Principles of Preventing and Combating Discrimination in Ukraine” is open in the same way. A restriction on such a ground is not regarded as discrimination only if it has a “lawful, objectively justified aim, the means of achieving which are appropriate and necessary”.

So a refusal can be questioned if:

• the law sets no requirements concerning a criminal record for this position, and a court has not prohibited such work;
• the criminal record has been expunged or removed, and the law for the position does not take an expunged criminal record into account;
• the criminal record is not related to the nature of the work, and the employer gives no other reason — concerning qualifications or professional qualities.

What an employer may ask about a criminal record

When concluding an employment contract, it is prohibited to demand from the candidate documents “the submission of which is not provided for by legislation” (Article 25 of the LC). Therefore, an employer may demand an extract confirming the absence of a criminal record only when legislation provides for its submission for the position.

For information on conviction to criminal punishment, the law sets special requirements: as a general rule, its processing is prohibited (Article 7(1) of the Law of Ukraine “On Personal Data Protection”). Among the exceptions are the person’s unambiguous consent and processing needed by an employer in labour relations “in accordance with the law” (Article 7(2)(1) and (2) of this Law). If the law provides nothing for the position, the employer can, as a rule, process this information only with the candidate’s unambiguous consent: the candidate obtains and provides the extract themselves, if they decide to do so. Who obtains the extract and how, and what is visible in it, in particular whether an expunged criminal record is in it — in the article on the criminal record certificate.

What to do if you are refused

1. Ask for the reason in writing. At the request of a person who was refused employment, the employer is obliged to state the reason for the refusal in writing (Article 22(3) of the LC). It is also better to submit the request in writing.
2. Check the reason against the law. If the employer refers to a law, check whether it applies to this position and to your criminal record, in particular an expunged one.
3. Keep the evidence: the job advertisement, correspondence, the employer’s written reply.
4. Challenge it. A person who believes they have faced discrimination in the sphere of labour may file a complaint with state authorities, local self-government bodies, the Ukrainian Parliament Commissioner for Human Rights and/or a court (Article 2-1(4) of the LC). The law also gives the right to compensation for material and moral damage caused by discrimination (Article 15(1) of the Law “On the Principles of Preventing and Combating Discrimination in Ukraine”).

In discrimination cases a special rule of proof applies: the claimant provides factual data confirming that discrimination took place, and it is for the defendant to prove its absence (Article 81(2) of the Civil Procedure Code of Ukraine). That is why preserved evidence matters.

If a special check was carried out for the position, the candidate has the right to review the certificate of its results and, if the candidate disagrees, to submit written comments — they are considered within a seven-day period (the second paragraph of Article 58(3) of the Law “On Prevention of Corruption”). A refusal of appointment based on the results of the check “may be appealed to a court” (the seventh paragraph of Article 58(2)).

When a criminal record is expunged and whether it can be removed early — in the article on expungement and removal of a criminal record, and in general — in the article on what a criminal record is and what its consequences are. What an attorney in a criminal case helps with is described on the service page.

The provisions are cited as currently in force as of 13 October 2026.