Rehabilitation of offenders
We will not automatically refuse to employ someone with a previous criminal conviction. During the recruitment processes, candidates must disclose any unspent convictions. Spent conviction details are not usually needed. Please see exceptions below.
Disclosure means sharing information that may otherwise not be required. After a risk assessment, we may request a disclosure if it is:
- proportionate
- relevant to the position concerned
Job adverts and recruitment information will state if a disclosure is needed. If disclosure is to form part of the recruitment process, applicants will:
- self-disclose all unprotected spent and unspent convictions
- not be entitled to withhold information about convictions which, for other purposes, would be 'spent'.
Spent convictions
In law, a conviction becomes 'spent' after the elapse of a defined period.
The individual is then 'rehabilitated'. The amount of time depends on the type of offence they commit.
People whose convictions are 'spent' must be treated as if their conviction had never occurred. Job applicants are therefore entitled to conceal details relating to spent convictions if the rehabilitation period has passed and the conviction is not exempt.
For more information please read the guidance from the Ministry of Justice.
If we find out about a job applicant's spent conviction that is not exempt, we must disregard it when making the employment decision. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful.