Employment with a criminal history
What to do when your previous misdemeanours come back to haunt you
If you have been convicted of committing a crime, you might need to tell your employer about it even if you've paid your fine or done your time.
You always have to declare a prison sentence of more than two and a half years (or an equivalent period of youth detention or custody). This applies to a suspended or partially suspended sentence too.
For most jobs, you do not have to declare offences for lesser sentences after a certain period of time, known as the rehabilitation period. The length of this period depends on the sentence that you received rather than the type of offence that you committed. Once this time has passed, these are known as 'spent' convictions and you don't have to tell your employer about them, even if they ask.
Exempt occupations
The law says that an employer can't ask for details of your criminal record that are considered spent. However certain roles are exempt from that law. These are usually for jobs where you are regularly working with children or vulnerable adults. For example, you will have to declare all convictions if you want to be a nurse, teacher, child minder or social worker.
Other roles where you are dealing with the law, such as police officers, lawyers, probation officers and traffic wardens are also exempt from this law. So too are some civil service posts and certain occupations in the financial industry.
Criminal Record Bureau (CRB) disclosures
If your role falls into one of the exempt categories, you'll be asked to complete a disclosure (often referred to as a CRB). This is so that your employer can verify that what you told them is correct.
There are two types of disclosure; standard and enhanced. A standard disclosure has information on all information held on the Police National Computer including current and 'spent' convictions as well as details of any cautions, reprimands or final warnings. The disclosure will also flag up if you've been banned from working in the health or education sectors.
Your disclosure does not usually include things like speeding or parking fines, or fixed penalty notices (such as when you are fined for dropping litter).
If you can show that you have learnt your lesson and have moved on from your past, your employer will take that into account when making a decision
An enhanced disclosure also contains any intelligence that the police may have about you, even if you haven't been convicted for that crime. Enhanced disclosures are only required for people who have significant contact with young people or vulnerable adults.
You'll be asked to complete a form and provide a list of where you lived over the last five years, as well as proof of identification. This form is then sent to the disclosure agency, who check with the police and other authorities, and return two copies: one to your employer and one to you.
The copy for you is to make sure that the information that your employer gets is correct.
Does a criminal record stop me from getting the job?
Your disclosure does not say whether or not you can be given a job; it simply provides information that your employers can use to make a judgement. All employers, even those in exempt sectors, are required by law to treat ex-offenders fairly and they can't simply turn you down because you have a criminal record.
An employer must decide whether your criminal history makes you unsuitable for a job. For example, a previous conviction for shoplifting would not usually stop you becoming a nurse. Your employer is required to discuss the reasons why they are not giving you a job, and give you a chance to explain yourself.
If you feel that you were treated unfairly, you can take action against the employer. You could speak to your local Citzens Advice Bureau for further advice.
I'm embarrassed about my past. I don't want employers finding out about it.
Lots of people have criminal records, so your employer is likely to have come across the situation before. Employers must treat your situation with tact, and should only tell relevant people.
The important thing is that you are open and honest about your criminal history. If you can show that you have learnt your lesson and have moved on from your past, your employer will take that into account when making a decision. You should tell your employer prior to completing your disclosure, so that when it comes back it only confirms what they know rather than being a surprise.
Thanks to CAB for help with this article.
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