Finding work with a criminal record

It might surprise you to know it's estimated that a fifth of the working population has a criminal record. So don't be disheartened if you're one of them - there are lots of ways to move on.

Matty and Christina talk about their criminal records

Find out about what you need to discose to a prospective employer.

Help

"Don't let your conviction be the focus."

Do I have to disclose my criminal record on job applications?

If you've been convicted of an offence and the conviction is still on your criminal record (which means it has not been 'spent'), you do legally need to disclose it.

How should I disclose my criminal record?

Some application forms have a space to disclose any convictions, but you could also attach the information on a separate sheet
List your convictions, how they came about and how you feel about them
If you're not asked on the form, you could leave it until the interview stage to broach the subject
If it doesn't come up at interview, you'll need to disclose it when you're offered the job to avoid it being withdrawn later down the line – be prepared to discuss this openly

However you decide to tell your potential employer, make sure you talk about your conviction in a way that will reassure them that you've moved on. Give examples of how you've since demonstrated reliability and trustworthiness. But don't let your conviction be the focus of your application – stress what you've learnt from the experience and then move on to say why you want this job.

What if my conviction is 'spent'?

If your conviction is spent, under The Rehabilitation of Offenders Act 1974, you do not usually have to disclose it. You can also say "no" if asked "Do you have a criminal record?" It's unlawful for an employer to discriminate on the grounds of a spent conviction.

However, certain jobs are exempt from this rule. These include:

Working with children and vulnerable adults, such as elderly and disabled people
Senior roles in banking and the financial services industry
Certain posts connected to law enforcement, including the judiciary and the police
Work involving national security
The navy, military and air force
Certain posts in the prison service
Certain professions in areas such as health, pharmacy and the law
Private security work

Will my offences appear on a criminal records check?

All unspent convictions will appear on any kind of Criminal Records Bureau check (CRB). Spent convictions will not appear on a Basic CRB, but they will on a Standard or Enhanced CRB, which will be requested for certain jobs, including those working with children, young adults, vulnerable people and working in administration of the law and other sensitive areas.

What about if I have a caution – do I have to declare this?

A caution is a formal warning given to an adult who has admitted an offence.You don't have to declare it if you are asked "Do you have a criminal record?" or even "Do you have a caution?" This is because all cautions are now automatically spent. However, it may appear on a Standard CRB check, and is likely to appear on an Enhanced CRB check. Even after five to 10 years, the caution can still be disclosed if you apply for certain types of jobs, e.g. in the police force, as a teacher, or jobs working with children and vulnerable adults. It will be disclosed if it is relevant to the job you are applying for.

By Ruth Hedges

Jargon Buster

Spent conviction:: If your conviction is 'spent' it means you have not reoffended after an agreed period of time, and therefore it can be ignored. This period of time depends on the sentence; the more serious the offence the longer the period of rehabilitation. However, if you have received a prison sentence of more than two-and-a-half years, your convictions will never become spent.

Because of the complex nature of the law, seek advice if you have any concerns or queries. Contact your local Citizens' Advice Bureau or Nacro, the crime reduction charity: England: 0800 0181 259 or helpline@nacro.org.uk Wales: Nacro Cymru 01792 468400 Scotland:Safeguarding Communities and Reducing Offending in Scotland (SACRO) 0131 6247 270 Northern Ireland: Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO) 0289 0320 157.
Read up on the best ways to disclose your criminal record, including how to say it in a covering letter in this guide.
Ask a friend or careers advisor, or if you are under 18 your mentor from the Youth Offending Team (YOT), to read over your draft application and ask for their advice before sending off the final version.
Consider all the types of training and volunteering work that is available to you to enhance your chances of gaining employment.
Keep track of when your conviction will become 'spent', and find out which jobs you'll still need to disclose 'spent' convictions for.

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