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.

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• If it doesn't come up at interview, you'll need to disclose it when you're offered the job to avoid it being withdrawn later down the line – be prepared to discuss this openly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