When do I need to disclose my convictions?

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It's important to know what information is stored on you and how having convictions affects looking for work. Here are answers to some of the questions you might have.

What is the Rehabilitation of Offenders Act?

The Rehabilitation of Offenders Act 1974 outlaws discrimination against ex-offenders. It is intended to help people with few and/or minor convictions. People with many or serious convictions will probably not benefit from the Act because their rehabilitation period will usually be longer.

How long is it before convictions are spent?

Certain criminal convictions are "spent" (forgotten) after a rehabilitation period. This period varies according to the offence. For people aged 18 or over when convicted:

most convictions become spent after five years
prison sentences up to six months become spent after seven years
prison sentences up to two and a half years become spent after 10 years
sentences over 2.5 years are never spent

Rehabilitation periods are halved if you were under 18 when convicted.

Do I need to tell an employer about spent convictions?

You don't usually need to disclose spent convictions when applying for jobs. It's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this - you have to disclose spent convictions as well as unspent ones. These jobs 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, the military, the air force
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.

When should I disclose my convictions?

Many employers will still consider you if they think your conviction(s) aren't relevant to the job you've applied for. It will increase your chances of getting a job if you are aware of the disclosure process and apply for work in the right way, using the right procedures. Here's how to disclose convictions in a positive light.

If an employer wants to know about criminal records, they will probably ask you in the application form. If there's space in the box you could disclose your convictions there, but it will probably be better to put "see enclosed" and attach a separate sheet. List your convictions, how they came about and how you feel about them (see our section on education, training and voluntary work for suggestions on how to present your past in a positive light).
If the application form doesn't ask about your record, you could leave it to the interview stage.
Some employers may ask you about your record when they are ready to make you a job offer, so be prepared for this.

What else do I need to know about disclosing convictions?

You and your employer have certain rights and responsibilities with regards to the disclosure of convictions. You need to be aware that:

if an application form asks for details of spent convictions, check the post is exempt under the Rehabilitation of Offenders Act 1974
if an employer or application form asks you if you've got a criminal record and your convictions are spent, and the job isn't excepted from the Act, you can say "no"
if you are dismissed for a spent conviction, can prove it, and have been employed for a year or more, you can claim unfair dismissal
if you've got unspent convictions and don't disclose them when asked to, you can be dismissed by your employer, and possibly prosecuted
it's a complex law so seek advice if you've got concerns, particularly if an employer claims a post is exempted under the Act when in fact it is not. You can get advice from your local Citizens' Advice Bureau, NACRO or a careers adviser.

Where can I find out more about applying for jobs?

You can download Sorting yourself out, a guide to applying for work with a criminal record, from the NACRO website’s advice leaflets page.

Can an employer ask for additional information about me?

Depending on the job, employers can request that successful applicants apply for different types of disclosure from the Criminal Record Bureau:

Basic disclosure - any employer can request this for any job (even jobs not exempt under the Rehabilitation of Offenders Act). This contains only details of unspent convictions. The applicant receives this first and can decide whether or not to show it to the employer.
Standard disclosure is for jobs with regular contact with children or vulnerable adults and jobs exempt from the Rehabilitation of Offenders Act. This shows all convictions, including spent ones.
Enhanced disclosure is for jobs with greater (unsupervised) contact with children or vulnerable adults and for some judicial appointments and licensing purposes. This shows all convictions, including spent ones, plus possibly other information from local police records.

Both the applicant and employer sign standard and enhanced disclosures. For more info on types of disclosure see the Criminal Records Bureau website.

What is the Criminal Records Bureau (CRB)?

The CRB is an executive agency of the Home Office, set up to improve access to criminal-related checks for employment and volunteering. Its purpose is to prevent unsuitable people from working where they may harm children or vulnerable adults. Organisations can request successful applicants apply to the CRB for a certain type of disclosure.

How long are my records kept on the Police National Computer?

Minor convictions from over 10 years ago are usually wiped from the Police National Computer (PNC). However, if you have been convicted of three or more crimes they can be kept on the PNC for 20 years.

The PNC record will be kept for life if you have been given prison sentences of six months or more, or if you were convicted of sexual crimes, violence, or serious drug crimes. For further info about wiping records, contact the NACRO Resettlement Helpline on 020 7840 6464.