Do I have to declare my convictions if the employer doesn’t ask?

•  No. The general rule is that a person does not have to disclose any previous criminal convictions unless they are asked to do so by an employer.

•  In many jobs, you will simply not be asked about criminal convictions, so it need not be a problem.

•  There may be situations where you are not asked about convictions but think that it is best to disclose them anyway. This might, for example, be the case if you think an employer might get to hear of your conviction from someone else.

The Rehabilitation of Offenders Act

•  In some cases where a potential employer asks you about convictions, you do not have to disclose them because of this Act.

•  Under the Act, some criminal convictions become ‘spent’ after a certain length of time has passed since the date of the conviction. This means that the convictions can be treated as though they had never existed. For example, if an application form or an interviewer asks whether you have any convictions, if they are spent, you can simply answer ‘no’.

•  The length of time it takes before a particular offence is ‘spent’ depends on the sentence given, not on the type of offence:

Rehabilitation Periods - examples Prison for 2 and a half years or more - Never Prison between 6 months and 2 and a half years (including unserved suspended sentences) - 10 years Prison of 6 months or less (including unserved suspended sentences) - 7 years Fine, Community Service Order, Probation Order - 5 years Conditional discharge, Bind over, Supervision Order - 1 year* Absolute Discharge - 6 months Disqualification - Period of the Disqualification * after initial conviction or after the order ends, whichever is longer (Note also that these periods are reduced by half if the offender was under 18 at the date of conviction)

•  If you are not sure about how the Rehabilitation of Offenders Act applies to you, seek advice from somewhere like the Citizen’s Advice Bureau.

•  Some types of job are exempt from the Act, which means that if you have a criminal record, you must disclose it even though it would otherwise be ‘spent’ under the rules above. Many of these jobs involve working with people aged under 18 or with the sick or elderly. It includes such jobs as: teachers; youth workers; social workers; child-minders; school caretakers; and nurses.

Disclosing through the Criminal Records Bureau

•  If you are applying for jobs which are exempt from the Rehabilitation of Offenders Act, such as jobs working with children or vulnerable adults, any criminal record will be disclosed through a government agency called the Criminal Records Bureau.

•  If you have been successful in applying for a job, the organization agreeing to employ you will ask you to apply for either a ‘Standard Disclosure’ or an ‘Enhanced Disclosure’. These are checks on your criminal record.

•  A Standard Disclosure will show any convictions, cautions, reprimands or warnings held on the Police National Computer. An Enhanced Disclosure will also show any relevant information held by local police forces.

•  You will either be asked to telephone the Criminal Records Bureau to request a form or will be given an application form by the organization who wants to employ you.

•  Your potential employer will either pay the fee or ask you to pay it yourself. If the job is a voluntary job you should not have to pay anything.

•  Details of your criminal record should be received within about a month. A copy will be sent both to yourself and to the organization ready to employ you.

•  If you have details of your criminal record through a previous job, your new employer might be willing to accept them without you having to apply again.

•  For more information on the criminal Records Bureau go to crb.gov.uk

Checking your criminal record yourself

•  You might not be sure what records are held about you and want to check for yourself before applying for jobs. Unfortunately you cannot do this through the Criminal Records Bureau.

•  You can ask the police to provide information that they hold about you on the Police National Computer. This will include convictions, cautions and warnings. You request this at a police station, providing identification and a fee of £10. To download a form go to met.police.uk

•  An alternative suggestion is to apply for a voluntary job where a check will be needed. That way you will get a full CRB check and it shouldn’t cost you anything.

When to disclose details of your criminal record

Whether or not you are required to disclose criminal convictions through the Criminal Records Bureau, you may still have some choice about when to reveal details of any offences:

•  Telephone. It can be difficult explaining about a criminal record on the telephone. This approach is to be avoided unless you are particularly confident about what you want to say.

•  Application Forms. Where an application form asks about convictions, it is best to write ‘see letter’ and then enclose a short account of the offence(s) in an envelope. This approach might also be taken where an application form asks reasons for leaving a previous job, or where there are gaps in your employment record due to a prison sentence. Mark any separate letter ‘personal and confidential’ and address it to the manager or the person responsible for the job on offer. An alternative approach is to leave a full explanation to the interview and explain in your application form that you will be doing this.

•  CVs and letters. You can take a similar approach to that with application forms (above)

•  Interview stage. It is usually best to let interviewers know beforehand that you have something personal to discuss. They will then be prepared to deal with something which may be out of the ordinary and the interview is less likely to run into problems. It will probably be most natural to raise the conviction when the interview deals with your employment history. Try to talk as calmly and clearly as possible.

•  At job offer stage. It is advisable not to leave it this late. However, if you do, make sure you tell the employers about your record before they take up references.

How to declare convictions

Whether you are disclosing convictions in a letter or in an interview, the overriding aim is to get the employer to see the offence(s) in context, and for them to make a decision based on your strengths and suitability for the job. Some tips are:

•  Give a clear, straightforward account of the conviction(s), providing brief details of the offence, sentence and date.

•  Highlight factors which lessen the impact of the offence. For example: that it was a long time ago; that it was minor, a one-off or needs to be viewed in all the circumstances; or that some of the circumstances no longer apply.

•  Stress your achievements since the conviction(s), including your work record.

Failing to disclose your criminal record

If you are required to disclose your criminal record and fail to do so, then an employer is later entitled to dismiss you and you will have no success at a tribunal. You might also face criminal proceedings.

Some companies that are open-minded about ex-offenders

•  Arriva London (bus operator) and Transport for London (employ workers on the underground) will consider applications from ex-offenders and judge them on the merits and nature of the crime.

•  South West Trains – have taken on many ex-offenders on their operations out of Waterloo station, including drivers, maintenance staff, rail operators and cleaners.

•  Marks & Spencers – have run schemes giving work experience in loading and collect-by-car services to low-risk prisoners.