A recent change in the law is set to significantly reduce the time individuals with criminal convictions are legally obligated to disclose them to potential employers after completing their sentences. These changes aim to eliminate barriers to employment post-prison and contribute to the reduction of re-offending rates. Any employer can ask an applicant whether they have any convictions which are not considered spent under rehabilitation laws, and this question is separate to any DBS checking process, which is usually carried out for specific types of roles.
Disclosing Previous Criminal Convictions
Previously, some offenders who had committed more serious offences were required to disclose their sentences for the rest of their lives. Now, custodial sentences of four years will be considered “spent “after a seven-year rehabilitation period, provided the person has not been in trouble with the police again for any further crimes. This also applies to longer sentences for less severe crimes. Custodial sentences of a year or less will only need to be disclosed for one year. Similar changes to the rules are being considered for Scotland and Northern Ireland, where the police records checking system is run by separate official bodies.
Legally, applicants have to disclose unspent convictions to their employer if they are asked. If at a later point they are found to have been less than honest, this may be grounds for being dismissed. Only unspent convictions must be disclosed to employers. Employers can only find out about spent convictions if the job requires either a standard or enhanced disclosure check, and these only apply for specific jobs which fall under the definition of “regulated activity”.
Exclusions to the New Rehabilitation Rules
While these changes are designed to increase opportunities for ex-offenders, individuals who have committed serious sexual, violent, or terrorist offenses are excluded from the reforms. Stricter rules will continue to apply to jobs involving work with vulnerable people, through standard and enhanced DBS checks. The Disclosure and Barring Service considers each case on its merits, and having any type of conviction or caution on your record will not immediately rule you out from a position which requires a standard or enhanced DBS check.
Applying for Work With a Criminal Conviction
Many ex-offenders worry about the effect any conviction will have on their prospects for employment. There are many charities and support agencies who can give advice on the best way forward after the sentence has been completed. It is important to remember that not all employers will ask about spent or unspent convictions, and even fewer will ask you to have a DBS check.
If you are applying for a position in healthcare or working with other vulnerable groups, the best advice is to be open and honest about your background. Having a conviction in your past won’t automatically rule you out, and many employers are more interested in what you have been doing in the years since you were convicted. The further in the past your conviction is, the less chance it will cause you ongoing issues.
