Verity journal

Hiring someone with a criminal record is one of the most sensitive decisions an employer can face. It touches on legal responsibilities, brand reputations, and ethical considerations. In Malaysia’s increasingly risk-aware corporate environment, HR teams are often left wondering: Can we legally hire someone with a criminal history?

Balancing second chances with effective risk management is no easy task. While some offences may be irrelevant to a role, others could pose serious safety, financial, or reputational risks. Understanding the context and applying a structured screening process is key to making fair, compliant, and informed hiring decisions.

The Law and Ethics in Malaysia

Malaysian law does not impose a blanket ban on hiring individuals with a criminal record. There is no statute that outright prohibits an ex-offender from being employed in the private sector, except in very specific regulated roles. Instead, the law encourages employers to assess each case based on the nature of the offence, the role’s requirements, and the individual’s rehabilitation efforts.

Employers must walk a careful line between exercising their right to screen candidates and upholding fair hiring practices. Disqualifying someone purely on the basis of a criminal record, without evaluating the relevance of the offence could be seen as discriminatory.

However, it is equally important for employers to exercise due diligence, especially when the position involves access to sensitive information, financial control, or vulnerable individuals.

When Hiring Someone with a Record Is a Risk

There are scenarios where hiring someone with a criminal record poses an undeniable risk to businesses, employees, or clients. For instance, if a candidate has a history of:

• Theft or fraud, and the role involves handling cash, company assets, or client payments.
• Cybercrime, and the position grants access to confidential databases or backend systems.
• Violent crime, and the role involves working with vulnerable populations such as children, the elderly, or persons with disabilities.
• Repeat offences, indicating a persistent disregard for the law.

In these cases, employers must consider not only the severity of the offence but also the potential for negligent hiring liability. If the person commits a related offence while employed and the employer failed to conduct reasonable checks, they could be held partially accountable.

When It’s Reasonable to Give a Second Chance

Not every criminal record should be treated as a dealbreaker. There are many situations where hiring someone with a past conviction is not only legal but also ethically sound. 

For example:

• Non-violent offences such as traffic-related incidents.
• Old offences committed many years ago with no repeat behaviour.
• Individuals who have completed rehabilitation programs, received strong references, or demonstrated consistent post-conviction employment.

Employers in Malaysia may consider the social and economic value of second-chance hiring. When managed properly, it can boost diversity, promote social responsibility, and fill much-needed roles with qualified individuals who are eager to prove themselves.

Why Due Diligence Matters More Than Ever

In today’s world, employers are under greater scrutiny than ever before. A single incident involving a poorly vetted employee can quickly escalate into a public relations nightmare or legal battle. This makes due diligence not only a best practice but also a protective measure.

Employers must take reasonable steps to verify a candidate’s background, especially if they work with data, money, or people. Failure to do so can result in claims of negligent hiring, where the company is blamed for not doing enough to prevent harm. Criminal background checks help employers strike the right balance between caution and compassion.

They also help protect employees, clients, and corporate assets from harm while allowing fair consideration of candidates who may have made mistakes in the past but are committed to moving forward.

How VERISafe Supports Smart, Informed Hiring Decisions

Verity Intelligence’s VERISafe background screening service is designed to give employers in Malaysia the clarity they need to make responsible hiring decisions. Our system provides instant criminal background check results that are accurate, timely, and easy to interpret.

With real-time data pulled from credible, verified sources, VERISafe ensures that no stone is left unturned. Whether you’re screening a junior tech hire or a C-suite executive, our service delivers comprehensive information. This enables hiring managers to assess not just whether a criminal record exists, but how relevant it is to the role and the associated risk level.

Benefits of Using VERISafe for Criminal Checks

Using VERISafe isn’t just about access to criminal data—it’s about embedding compliance, security, and efficiency into your hiring process.

Firstly, VERISafe is fully PDPA-compliant, meaning all data is handled with the highest standards of privacy and consent. Candidate information is collected ethically, stored securely, and only used for its intended screening purpose.

Secondly, VERISafe integrates seamlessly into existing hiring workflows. Whether you’re a growing startup or a multinational organisation, you can initiate checks and generate compliance-ready reports instantly.

Finally, the system helps companies build a trustworthy, legally compliant workforce, reducing risk while allowing opportunities for fair and inclusive hiring practices.

Conclusion

Hiring someone with a criminal record in Malaysia is not illegal, but it must be done with care and compliance in mind. Employers have a responsibility to protect their staff, customers, and assets while also providing fair opportunities to those who have made genuine efforts to turn their lives around.

By using structured background checks like VERISafe, companies can move beyond assumptions and make decisions based on facts. Need accurate criminal background checks fast? Use VERISafe to help you run background checks in Malaysia.